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Home My WebLink About93-0720 1No. 15 Common Council Proceedings of the City of Buffalo Regular Meeting, July 20, 1993 MAYOR Hon. James D. Griffin COMPTROLLER Joel A. Giambra COMMON COUNCIL PRESIDENT OF THE COUNCIL George K. Arthur PRESIDENT PRO TEMPORE David A. Franczyk MAJORITY LEADER Eugene M. Fahey COUNCILMEMBERS-AT-LARGE Clifford Bell Eugene M. Fahey Rosemarie LoTempio DISTRICT COUNCIL MEMBERS Alfred T. Coppola Delaware James W. Pills - Ellicott David A. Franczyk Fillmore Norman M. Bakos Lovejoy David A. Collins Masten Carl A. PerIa Jr. Niagara Dale Zuchlewski North Brian M. Higgins South Archie L Amos, Jr. University REGULAR COMMITTEES CIVIL SERVICE COMMITTEE : James W. Pills, Chairman, George K. Arthur, Alfred T. Coppola, Eugene M. Fahey, Carl A. PerIa, Jr. Members CLAIMS COMMITTEE : Brian Higgins, Chairman, Archie L. Amos, David Franczyk, Rosemarie LoTempio, Dale Zuchlewski, Members ECONOMIC DEVELOPMENT COMMITTEE: Clifford Bell, Chairman, Archie L Amos, Jr., David Collins, David A. Franczyk. Alfred Coppola. James W. Pills, Members. FINANCE COMMITTEE: David Collins, Chairman, Clifford Bell, Eugene M. Fahey, David A. Franczyk, Brian M. Higgins, Carl A. PerIa, Jr., Members. LEGISLATION COMMITTEE: Alfred Coppola, Chairman, Archie L. Amos, Jr., Norman M. Bakos, Rosemarie LoTempio, James Pills, Dale Zuchlewski Members RULES COMMITTEE: George K. Arthur, Chairman, Eugene M. Fahey, James W. Pitts, Members URBAN RENEWAL: Archie L. Amos, Jr., Chairman, David A. Franczyk., Brian M. Higgins, Rosemarie Lotempio, Carl A. PerIa, Jr. SPECIAL COMMITTEES SPECIAL COMMITTEE ON BUDGET: Hon. Archie L. Amos, Jr., Chairperson, Hon. Norman M. Bakos, Hon. Eugene M. Fahey, Hon. James W. Pitts, Hon. Dale Zuchlewski, Hon. Joel A. Giambra, Mr. Richard Planavsky. SPECIAL COMMITTEE ON CATV: Hon. James W. Pills, Chairman, Hon. Archie L. Amos, Hon. Brian M. Higgins, Hon. Rosemarie LoTempio, Dale Zuchlewski. PARKS DEPARTMENT OVERSIGHT COMMITTEE: James W. Pills, David A. Franczyk. Rosemarie LoTempio, Joel A. Giambra/Designee, Samuel F. Houston/Designee, John Scardino, Jr., Representative of the Friends of Olmstead Park, Representative of Delaware Park Steering Committee Representative of Martin Luther King Park Steering Committee,' Representative of the Friends of Cazenovia Casino. TASK FORCES TASK FORCE- AUDITORIUM-STADIUM: Hon. James W. Pitts, Chairman, Hon. Alfred T. Coppola, Hon. Eugene M. Fahey, Hon. Dale Zuchlewski, Henry Nowak, Anthony Masiello, Dennis Gorski, Roger Blackwell, Vincent Tese, Charles Rosenow, George Gould, George Wessel, William Greely, Women for Downtown/Designee, Donald Quinlan, Rev. Bennett Smith. MEDICAL BENEFITS TASK FORCE: Richard J. Piontek, Larry Insinna, Mary Ann Sansone, Charles W. Pruet, M.D., Leo C. Welsh, David Donnelly, Thomas J. CareIa, John Walker, John D. Smith. EDUCATION FUNDING FORMULA REVIEW TASK FORCE: Hon. Brian M. Higgins, Chairman; Hon. Archie L. Amos, Hon. Dale Zuchlewski, Judith Fisher, Mozella' Richardson, Dr. Oscar Smuckler. POLICE REORGANIZATION TASK FORCE: Hon. Eugene M. Fahey, Chairman; Hon. George k. Arthur, Hon. Clifford Bell, Hon. Rosemarie LoTempio. Michael Trimboli, Ralph Degenhart, Edward C. Hempling, Richard Donovan, Kenneth R. Kirby, Richard Planavsky, George J. Panepinto, Martha Dippel. James J. McMahon, Craig Speers, William Dunford, Levirn Hill, John V. Elmore. STREETS DEPARTMENT OVERSIGHT TASK FORCE: Hon. Alfred T. Coppola, Chairman; Hon. Brian M. Higgins, Hon. Dale Zuchlewski, Bart Sumbrum Designee, John Scardino. CORPORATION PROCEEDINGS COMMON COUNCIL CITY HALL- BUFFALO Tuesday, July 20, 1993 at 2:00 P.M. PRESENT- George K. Arthur, President of the Council, and Council Members Amos, Bakos, Bell, Collins, Coppola, Fahey, Franczyk, Higgins, LoTempio, Perla, Pitts, and Zuchlewski- 13. ABSENT- None. On a motion by Mr. Fahey, seconded by Mr. Pitts, the minutes of the stated meeting held on July 6, 1993 were approved. FROM THE MAYOR No. 1 Buffalo Forge Task Force In response to the resolution creating a Task Force by Your Honorable Body to work with the new owners of Buffalo Forge, I am appointing Mr. Charles F. Rosenow, BEDC President, to represent the Mayor's Office. Mr. Rosenow has already met with representatives of Buffalo Forge, and with County and State economic development staff on this situation. REFERRED TO THE COMMITTEE ON ECONOMIC DEVELOPMENT. FROM THE MAYOR - EXECUTIVE DEPARTMENT FROM THE CITY PLANNING BOARD No. 2 Town of West Seneca - Public Hearing, 496 Potters Rd. Item No. 107, C.C.P., July 7, 1993 The City Planning Board at its regular meeting held Tuesday, July 13, 1993 voted to receive and file the matter captioned above. Since the subject property lies within 500 feet of the Buffalo City Line, the Town of West Seneca is required under their statutes to notify the city. The subject property is an existing multiple dwelling and the request is to grant a Special Permit to add a single dwelling unit. The Planning Board voted to receive and file the matter. RECEIVED AND FILED. No. 3 R. Giovino - Request to Encroach The Right-of-Way of Shirley St. at The Corner of 3288 Bailey Ave. With an Awning Item No. 46, C.C.P., July 7, 1993 The City Planning Board at its regular meeting held Tuesday, July 13, 1993 considered the above request pursuant to Section 413-56 of the Buffalo Code, Review of Right-of-Way Encroachments. The applicant seeks to erect an awning which will encroach on a portion of his structure which is located close to the property line on Shirley Avenue. The amount of encroachment will be approximately 3 feet. The Department of Public Works has already recommended that your Honorable Body grant a mere license for the encroachment. Under SEQR the proposed encroachment is considered a Type II action which does not require further environmental review. The Planning Board voted to approve the proposed encroachment. RECEIVED AND FILED. No. 4 City Planning Board - Waterfront Redevelopment Project (No. N.Y.R.-35), Crossroads Area Amendment The City Planning Board at its special meeting held Monday, July 19, 1993, considered the above amendment and conducted a public hearing duly advertised on July 9, 1993 for the Waterfront Redevelopment Project pursuant to Section 505 of the General Municipal Law. The public hearing dealt with the addition of 22 acres of land to the Waterfront Redevelopment Project. This area is bounded by Perry Street on the north, Columbia Street on the east, South Park Avenue on the south, and Washington Street on the west. Additionally, a parcel which is in the Waterfront Redevelopment Project and is bounded on the north by the center line of Perry Street (extended), on the east by Washington Street, on the south by South Park Avenue, and on the west by Main Street was added to the parcel described above. These two parcels form the project boundary of the crossroads area which if approved will lie entirely within the Waterfront Redevelopment Project. The crossroads area will be developed as a multi purpose sport and entertainment facility which will be highlighted by the construction of a new sports arena and events center. This use as well as others both anticipated by general waterfront development and called out in the proposed plan amendment will have positive long-range impacts for both the City of Buffalo and Western New York region as well. The City Planning Board conducted a public hearing for this proposed plan amendment for the Waterfront Redevelopment Project. Opponents and proponents were invited to speak. No opposition to the proposed development was heard. After deliberation, the Board voted its unqualified approval for the plan amendment. RECEIVED AND FILED. FROM THE ENVIRONMENTAL MANAGEMENT COMMISSION No. 5 Niagara Mohawk - Semiannual Report, Dewey Center Item No. 104, 7/6/93 The Common Council has asked for the Environmental Management Commission's comments on Niagara Mohawk's May 20 Semi-Annual Report to the City on the status of the Dewey Avenue Hazardous Waste Storage Facility and PCB removal from the utility's equipment in Buffalo. Because of concerns about dangers from PCBs in Niagara Mohawk equipment at scattered sites around Buffalo, and because of concerns about large quantities of PCBs from the utility's removal program being held for long periods of time at a site on Dewey Avenue, the Common Council successfully negotiated an agreement with Niagara Mohawk. The agreement bound the utility to an enhanced PCB removal effort and ultimate early closing of the Dewey PCB Hazardous Waste Storage Facility. This current report provides the good news that the Dewey Facility has been closed as a site for long term storage of large volumes of PCB oils. The tanks that had held thousands of gallons of PCB-contaminated oil are now empty of PCB's and will not be so used in the future. Progress also continues to be made in the removal of PCB equipment from around the City. Several hundred units do remain in service, and the Dewey Avenue Service Center will be used for short term drum-storage of PCB contaminants as the removal program goes forward. All capacitors and high concentration PCB transformers have been removed, however, and Niagara Mohawk currently plans to have all remaining PCB equipment out of its Western Division (including Buffalo) by 1995. No de-commissioned PCB material is to be brought to Dewey Avenue from outside the City. The overall work of Niagara Mohawk in this regard needs to be noted, as does the key role of the Common Council in securing the program under which removal and closure have taken place. REFERRED TO THE COMMITTEE ON FINANCE. FROM THE COMPTROLLER No. 6 Certificate of Necessity Transfer of Funds Exempt Items - Reserve for Capital improvements Capital Projects Fund - Division of Buildings We, James D. Griffin, Mayor and Joel A. Giambra, Comptroller, do hereby certify, pursuant to Section 42 of the Charter, that it is necessary that the sum of $8,500 be transferred and reappropriated from the Reserve for Capital Improvements in Appropriation Allotments - Exempt Items, as set forth below: The amounts to be transferred are unexpended balances of items contained in the budget for the current fiscal year and will not be needed at this time for the purpose for which they were appropriated. Dated: Buffalo, NY, July 14, 1993 RECEIVED AND FILED. No. 7 Certificate of Necessity Transfer of Funds Exempt Items - Reserve for Capital improvements Capital Projects Fund - Division of Buildings We, James D. Griffin, Mayor and Joel A. Giambra, Comptroller, do hereby certify, pursuant to Section 42 of the Charter, that it is necessary that the sum of $30,000 be transferred and reappropriated from the Reserve for Capital Improvements in Appropriation Allotments - Exempt Items, as set forth below: The amounts to be transferred are unexpended balances of items contained in the budget for the current fiscal year and will not be needed at this time for the purpose for which they were appropriated. Dated: Buffalo, NY, July 14, 1993 RECEIVED AND FILED. No. 8 Certificate of Necessity Capital Budget Amendment Authorization for Additional Capital Indebtedness We, James D. Griffin, Mayor and Joel A. Giambra, Comptroller, do hereby certify, pursuant to Section 359 of the Charter, that it is necessary to authorize an increase in indebtedness for Capital Projects Program, provided by the Common Council prior to July 1, 1993 for the ensuing fiscal year, by adding the following item: Dated: Buffalo, NY, July 15, 1993 RECEIVED AND FILED. No. 9 Interfund Cash Loan 620 - Trust & Agency Funds - State 01-1 * - Local Government Records Mgmt. Certain federal and state aided programs require a cash advance until the program is operating and reimbursement is received. I have reviewed the program (s) listed below and determined the cash needs to be warranted. I have approved an interfund cash loan to be made in the maximum amount of $49,467.00 as needed, subject to your approval. Loan is payable at date of reimbursement. FROM: 100 - General Fund To: 620 - Trust & Agency Funds - State ACCOUNT No. 620-011-*-00-000 GRANT TITLE: Local Government Record Management AMOUNT: $49,467.00 Estimated date of repayment is October 1, 1993. * Trust and Agency account number will be assigned by City of Buffalo accounting Division. Mr. Fahey moved: That the communication from the Comptroller, dated July 13, 1993, be received and filed; and That the Comptroller be and he hereby, is authorized to make an interfund cash loan from the General Fund to the Trust & Agency Funds - State in the maximum amount of $49,967.00 for a Local Government Record Management Grant. The loan is payable at date of reimbursement. PASSED. AYES- 13 NOES- 0. No. 10 Interfund Loan Jogging Path In Delaware Park Over the last six years, the City has provided interfund loans from the City General Fund to The City, Board and Enterprise Capital Projects Funds to implement financing of the Capital Improvements Budget. The interfund loans are repaid when the Bond Anticipation Notes or Bonds are issued to finance these projects. As of today, we have one request for money to finance a project and we will not reenter the bond market at this time. We are requesting that you approve an interfund cash loan from the General Fund to the Capital Projects Fund in the amount of $190,000 for the construction of a jogging path in Delaware Park. The loan will be repaid when Bond Anticipation Notes or Bonds are issued. From To Account Repayment Date Total 100 Gen 200 Cap Proj 200-717-050 BAN/Bond Sale $190,000 REFERRED TO THE COMMITTEE ON FINANCE. No. 11 Interfund Loan Planning A New Sports Arena Over the last six years, the City has provided interfund loans from the City General Fund to The City, Board and Enterprise Capital Projects Funds to implement financing of the Capital Improvements Budget. The interfund loans are repaid when the Bond Anticipation Notes or Bonds are issued to finance these projects. As of today, we have one request for money to finance a project and we will not reenter the bond market at this time. We are requesting that you approve an interfund cash loan from the General Fund to the Capital Projects Fund in the amount of $30,000 for planning a new sports arena. The loan will be repaid when Bond Anticipation Notes or Bonds are issued. From To Account Repayment Date Total 100 Gen 200 Cap Proj 200-717-018 BAN/Bond Sale $30,000 Mr. Fahey moved: That the communication from the Comptroller, dated July 20, 1993, be received and filed; and That the Comptroller be and he hereby, is authorized to make an interfund cash loan from the General Fund to the Capital Projects Fund in the amount of $30,000.00 for planning a new sports arena. The loan will be repaid when Bond Anticipation Notes or Bonds are issued. PASSED. AYES- ARTHUR, BAKOS, COLLINS, COPPOLA, FAHEY, FRANCZYK, HIGGINS, LOTEMPIO, PERLA, PITTS- 10. NOES- AMOS, BELL, ZUCHLEWSKI- 3. No. 12 Lease Purchase Agreement CES/WAY International Inc. As you are aware, the Common Council previously authorized the Commissioner of Public Works to engage CES/WAY International, Inc. for the purpose of doing an engineering analysis that will allow the City to save considerable money in our energy costs for City owned buildings. Based on the savings projections, CES/WAY and the City will be prepared to begin the work on City owned buildings sometime in early September. With that in mind, I am enclosing a copy of a Lease Purchase Agreement for your review along with the Corporation Counsel's review that will allow us to keep this project on track. As Bob O'Hara mentioned to you in his presentation prior to your approval of the engagement of CES/WAY, we are prepared over the summer recess to address any concerns you may have as they relate to this engagement. I am hopeful that the Council will approve the financing of this project at its September meeting. I look forward to discussing this matter with you. REFERRED TO THE COMMITTEE ON FINANCE AND THE CORPORATION COUNSEL. No. 13 Permission to Negotiate 37 Euclid Lot Size: 26.7' x 67.76' Assessed Valuation: $1,400 The Office of the Comptroller, Division of Real Estate, has received a request from Mr. & Mrs. James Avent of 68 Prenatt Street, Buffalo, New York to purchase the above captioned property. Mr. & Mrs. Avent would like to purchase this property, which is adjacent to his residence, for extra yard space. The Department of Community Development and the Department of Inspections & Community Revitalization were contact and they have no objection to this sale. The Tax and Demolition Lien Offices were also contacted and there are no outstanding taxes and/or demolition liens owing to the City of Buffalo. This office, therefore, is requesting that we be permitted to negotiate a private sale for the above mentioned property and report back to Your Honorable Body the results of negotiations. Mr. Fahey moved: That the communication from the Comptroller dated June 2, 1993, be received and filed; and That the Comptroller be, and he hereby is authorized to negotiate with Mr. & Mrs. James Avent of 68 Prenatt Street, for the private sale of 37 Euclid and report to this Honorable Body the results of such negotiations. ADOPTED. No. 14 Permission to Negotiate 229 Riley, 435' E Masten Vacant Lot Size: 30' x 172' Assessed Valuation: $1,900 The Office of the Comptroller, Division of Real Estate, has received a request from Mr. Herbert Bridges of 231 Riley Street, Buffalo, New York to purchase the above captioned property. Mr. Bridges would like to purchase this property, which is adjacent to he residence, for neighborhood beautification. The Department of Community Development and the Department of Inspections & Community Revitalization were contact and they have no objection to this sale. The Tax and Demolition Lien Offices were also contacted and there are no outstanding taxes and/or demolition liens owing to the City of Buffalo. This office, therefore, is requesting that we be permitted to negotiate a private sale for the above mentioned property and report back to Your Honorable Body the results of negotiations. Mr. Fahey moved: That the communication from the Comptroller dated July 12, 1993, be received and filed; and That the Comptroller be, and he hereby is authorized to negotiate with Mr. Herbert Bridges of 231 Riley Street, for the private sale of 229 Riley and report to this Honorable Body the results of such negotiations. ADOPTED. No. 15 Results of Negotiations 106 Sycamore, N 137' East of Michigan Vacant Lot: 25' x 85.6' East Assessed Valuation: $1,060 Item No. 14, C.C.P. 2/16/93 In the above referenced Item Your Honorable Body authorized the Office of the Comptroller, Division of Real Estate, to negotiate a private sale with Ms Vera Martin of 108 Sycamore, Buffalo, New York to purchase the above captioned property in order for her to build a garage adjoining her residence. An independent appraisal of the property was conducted by Paul E. Jones, Appraiser, 33 Carl Street, Buffalo, NY. He has estimated the fair market value of the property to be Five Hundred Dollars ($500.00). This represents approximately 23 cents per square foot. The Division of Real Estate has investigated the sales of similar property in the area. Sale prices range from 15 cents a square foot to 50 cents a square foot. The results of our negotiations are that Ms Vera Martin has offered to pay Eight Hundred Dollars ($800.00) for the subject property. This represents approximately 37 cents a square foot. She has also agreed to pay for the cost of the appraisal, transfer tax, recording fees and cost of the legal description. I am recommending that Your Honorable Body authorize the sale of 106 Sycamore Street to Ms Vera Martin in the amount of Eight Hundred dollars ($800.00). I am further recommending that Your Honorable Body authorize the Corporation Counsel to prepare the necessary documents for closing and that the Mayor be authorized to execute the same. Mr. Fahey moved: That the communication from the Comptroller, dated July 9, 1993, be received and filed; and That the offer of Ms. Vera Martin, 108 Sycamore, in the sum of $800.00 (Eight Hundred Dollars) to purchase the property described as 106 Sycamore Street, be and hereby is accepted; and That the appraisal requested by the City of Buffalo will be paid by the purchaser; and That the transfer tax, recording fees and cost of legal description will be paid by the purchaser; and That the Mayor be authorized to execute a deed and sign the necessary documents for the transfer of title, and the Comptroller be authorized to deliver the same, in accordance with the terms of sale upon which the bid was submitted. PASSED. AYES- 13 NOES- 0. No. 16 Report - Closing & Abandonment Portion of Morley Place 32'x 32', Approximately 1024.0 sq. ft. Item No. 115, C.C.P. 11/12/91 In the above referenced Item Your Honorable Body authorized this office to negotiate the sale of the above captioned property to the Niagara Frontier Transit Authority (NFTA). Please be advised that the NFTA petitioned Supreme Court for the appointment of two appraisers to establish the value of the City of Buffalo's interest in the abandoned portion of Morley Place, in accordance with Article 27, Section 514 of the City Charter. The Report of the Appraisers was filed with the Erie County Clerk's Office on June 30, 1993. The value of the City's interest in the property was established at Five Hundred and Fifty Dollars ($550.00). I am recommending that Your Honorable Body approve the transfer of title of the abandon portion of Morley Place to the NFTA in the amount of Five Hundred and Fifty dollars, ($550.00) upon the following conditions as recommended by the Commissioner of Public Works, Item No. 59, C.C.P. 9/3/91: 1. That the closing and abandonment does not become official until the NFTA acquires title to all the abutting property. 2. That proper agreements for permanent easements be reached with all public and private utilities presently having underground service within the right-of-way of Morley Place. I am further recommending that Your Honorable Body authorize the Corporation Council to prepare the necessary documents for the transfer of title and closing and that the Mayor be authorized to execute the same. Mr. Fahey moved: That the communication from the Comptroller, dated July 12, 1993, be received and filed; and That this Common Council approve the transfer of title of the abandoned portion of Morley Place (32' x 32', approximately 1024.0 sq. ft.) to the Niagara Frontier Transit Authority in the amount of $550.00 (Five Hundred Fifty Dollars), be and hereby is accepted, upon the following conditions: 1. That the closing and abandonment does not become official until the NFTA acquires title to all the abutting property. 2. That proper agreements for permanent easements be reached with all public and private utilities presently having underground service within the right-of-way of Morley Place. That the Corporation Counsel prepare the necessary documents for the transfer of title and closing, that the Mayor be authorized to execute the same, in accordance with the terms of sale upon which the bid was submitted. PASSED. AYES- 13 NOES- 0. No. 17 Single Audit of Federal, State and County Grants Received by City of Buffalo for Fiscal Year Ended June 30, 1992 This is to advise that a copy of the singe audit of Federal, state and county grants received by the City of Buffalo for the fiscal year ending June 30, 1992 has been delivered to each Councilmember, the Common Council Chief of Staff, the City Clerk, the Mayor and the Budget Office Pursuant to amendments to Section 35 of the General Municipal Law, which took effect January l, 1989, Your Honorable Body My, in its discretion, provide to the State Comptroller and file with the City Clerk a written response to the findings and recommendations in this report no later than ninety days after its receipt, or October 20, 1993 REFERRED TO THE COMMITTEE ON FINANCE. No. 18 Response To PRZ Enterprises Requesting To Purchase City-Owned Land Item # 83, C.C.P. 6/22/93 The above referenced item was forwarded to several departments and this office for a response. The item is a request from PRZ Enterprises to purchase portions of Willet and Holly Streets, (which are paper streets), and acquire two parcels obtained by the City through in-rem. The two in-rem parcels are approximately 100' x 203' and are between Willet Street and Fenton Street having frontage on the Buffalo River. Attached to this communication is a map showing the area and parcels in question. PRZ intends to develop the frontage they own along the south side of Seward Street all the way south to the Buffalo River which would include the in-rem properties and portions of Holly and Willet Streets. They intend to construct six single family homes in the $100,000 plus price range. Should Your Honorable Body approve the request of PRZ, This office recommends the following: 1. That those portions of Willet and Holly Streets be abandon and sold in accordance with Article 27, Section 514 of the City Charter. 2. That those parcels, obtained through in-rem, along the Buffalo River be sold at fair market value through private sale with the developers. 3. That the developer's plans provide public access to the Buffalo River in accordance with City Ordinances. In addition to the above recommendations, this matter should be forwarded to the City Planning Board for their review and recommendation since the item is a referable item per Article 17, Section 317.1 of the Charter. REFERRED TO THE COMMITTEE ON FINANCE. No. 19 Certificate of Appointment Appointment effective July 1, 1993 in the Department of Audit and Control, Division of Collections, Kathleen A. Palka, 838 Fillmore Avenue, Buffalo, New York 14212 to the position of Paralegal Assistant, Permanent, at the intermediate starting salary of $28,703. REFERRED TO THE COMMITTEE ON CIVIL SERVICE. FROM THE COMMISSIONER OF ASSESSMENT No. 20 1993-94 Certiorari Proceedings 106 Beard Avenue This is to advise that the owners, Paul J. Caputo and Irene Caputo, instituted certiorari proceedings on 106 Beard Avenue, Buffalo regarding the assessment for fiscal year 1993-94 (taxable status date Dec. 1, 1992). The assessment was reviewed by this Department and the owners expressed a willingness to settle this proceeding. The final assessment for 1993-94 was $200,000. The owner is agreeable to a settlement which would result in a reduction of $15,000 for said year on 106 Beard Avenue. Under this settlement the new 1993-94 assessment would be $185,000. Based on a review of the current market value of the property, I believe this settlement would be in the best interests of the City. I recommend, therefore, this settlement in which the Department of Law concurs. The proposed settlement is subject to the approval of Your Honorable Body. I therefore request that the Corporation Counsel be authorized to settle the 1993-94 certiorari proceeding on 106 Beard Avenue by reducing the assessment from $200,000 to $185,000. Mr. Fahey moved: That the communication from the Department of Assessment, dated July 12, 1993, be received and filed; and That the Corporation Counsel be and he hereby, is authorized to settle the 1993-94 certiorari proceeding on 106 Beard Avenue by reducing the assessment from $200,000 to $185,000. PASSED. AYES- 13 NOES- 0. FROM THE COMMISSIONER OF PUBLIC WORKS No. 21 Bond Cancellation 904 Elmwood Avenue It is hereby certified that the bond described below be canceled: Principal: Marilyn Tomasula DBA Marilyns Deli Surety: American Manufacturers Mutual Insurance Company Amount: $5,000.00 Dated: June 23, 1992 Structure: Awning Location: 904 Elmwood Avenue This bond is no longer required due to the fact that a replacement bond has been filed with this Department. The above captioned bond should be deemed released and canceled as to future liability in accordance with the provisions of the City Ordinances. RECEIVED AND FILED. No. 22 Bond Cancellation 202 Oak Street It is hereby certified that the bond described below be canceled: Principal: Gary O. Jones Surety: Aetna Casualty & Surety Co. Amount: $5,000.00 Dated: July 27, 1988 Structure: Coal Chute Location: 200-210 Oak Street This bond is no longer required due to the fact that a replacement bond has been filed with this Department. The above captioned bond should be deemed released and canceled as to future liability in accordance with the provisions of the City Ordinances. RECEIVED AND FILED. No. 23 Monthly Report of Licenses Issued in June 1993 I am respectfully submitting the enclosed report of licenses issued in the month of June 1993 by the Division of Licenses. RECEIVED AND FILED. No. 24 Establish a Task Force to Propose a Plan for the Peace Bridge Porter Avenue Area No. 164, C.C.P. 6/22/93 I reviewed the above item and concur that a Task Force should be established for this purpose. I look forward to my membership on this Task Force. RECEIVED AND FILED. No. 25 Ban Commercial Vehicles 1-300 Block of Moselle Item No. 072, C.C.P. 06/08/93 This is in response to C.C.P. #72 of June 8, 1993. This communication requested that the Department of Public Works ban commercial vehicles from the 1 - 300 block of Moselle Street. Currently, this section of Moselle, from Genesee Street to Walden Avenue, is part of the "Designated Truck Route" system of the City of Buffalo. This System allows commercial vehicles the privilege of using City Streets to transport their merchandise from location to location. Without this system, it would be impossible to transport vital goods (heating oil, food stuffs, medical supplies, and the like) to various locations throughout the City. This truck route system provides a necessary and important function for the City and its residents. Furthermore, this Department has no record of accident history or of severe structural damage being caused by commercial vehicles in this section of Moselle Street. Therefore, the Department of Public Works deems the "banning" of commercial vehicles from the 1 - 300 block of Moselle as impractical and unnecessary. RECEIVED AND FILED. No. 26 Conditions for Erection of a "Sign" Across Elmwood Ave. Item No. 171 C.C.P 06/22/93 This is in response to C.C.P. #171 of June 22, 1993. The Department of Public Works - Engineering Division has no objection to the Nickel City Road Runners of Buffalo hanging a banner over Elmwood Avenue, providing the following conditions are met: -The banner must be made of fabric that allows air to flow through it. -The bottom of the banner must be at least 14 feet 6 inches above every portion of the street below it. -The banner cannot be hung from a traffic signal pole and must not interfere with the visibility of any traffic signal. -If the banner is to be secured to street light standards, the exact location and number of street light standards to be utilized must be supplied to the Street Lighting Office, Room 501 City Hall. This information must be supplied at least two (2) weeks prior to the erection of the banner. -The banner must be tied down in a secure manner so that it will not "come loose" at any time during the period for which it will be hung. -A bond, and insurance naming the City of Buffalo as additional insured, in the amount of one million dollars ($1,000,000.00) must be filed with the City before the banner can be hung. RECEIVED AND FILED. No. 27 Claim for Wages Various Employees From July 5 through July 18, 1993 members of the crew of the Cotter worked while an agreement was being formulated to cover various aspects of their employment. On May 1, 1993 each employee should have been transferred from the Engineering Division to the Buildings Division and their salaries set at $30,000. Due to the fact that the above mentioned agreement was not finalized and approved by the Budget Director, the Civil Service Commission and Your Honorable Body, the proper appointments could not be filed. The Comptroller has thus ruled that a claim must be approved by Your Honorable Body to pay these employees. I respectfully request that you authorize the Comptroller to issue the following payments for time worked from July 5 through July 18, 1993: George Evans 10 days @ $114.922 per day = $1,149.22 Michael Farrel 10 days @ $114.922 per day = $1,149.22 John Harter 10 days @ $114.922 per day = $1,149.22 Joseph Kalinowski 10 days @ $114.922 per day = $1,149.22 William Robinson 10 days @ $114.922 per day = $1,149.22 Mr. Fahey moved: That the communication from the Department of Public Works, dated July 14, 1993, be received and filed; and That the Comptroller be, and he hereby is authorized to issue payments for time worked from July 5, 1993 through July 18, 1993 to the individuals listed and in the amounts specified in the above communication. PASSED. AYES- 13 NOES- 0. No. 28 Permission To Enter Into An Agreement For Reconstruction Of The Ohio Street Bridge Over Conrail Tracks PIN 5753.63 BIN 2-26062-0 Item No. 42, C.C.P. 1/9/93 I hereby request permission from your Honorable Body to allow the Mayor to enter into an agreement with the New York State Department of Transportation to reconstruct the Ohio Street Bridge Over Conrail Tracks. The agreement is for: (city's share (due) not to exceed) 1. Preliminary Eng (Phase 1-6) $ 50,000.00 9/93 2. Construction, Construction Inspection, Cost Overruns, Railroad Force Account $517,800.00 9/95 Therefore, I respectfully request your Honorable Body authorize the Mayor to enter into the agreement. Funds for the city's share of the project will be available in Division of Engineering Account #200-401-009. Mr. Fahey moved: That the communication from the Department of Public Works, dated July 13, 1993, be received and filed; and That the Mayor be, and he hereby is authorized to enter into an agreement with the New York State Department of Transportation to reconstruct the Ohio Street Bridge over Conrail Tracks, PIN 5753.63, BIN 2-26062-0 and to commit on behalf of the City of Buffalo an amount not to exceed $50,000.00 for preliminary engineering Phases 1-6 all as described in the above communication from the Commissioner of Public Works. Funds for the city's share will be available in Division of Engineering Account #200-401-009- and that authorization is approved on the condition that design provides for the Waterfront Greenway Trail be incorporated into the designs of the reconstruction of the Ohio St. Bridge. PASSED. AYES- 13 NOES- 0. No. 29 Permission To Enter Into Agreements And Provide Local Share - Traffic Signal Coordination Study The State of New York is preparing a project utilizing federal aid for a traffic signal coordination study of the Central Business District. As part of this project, the City is required to provide the local match for the federal aid. At this time, the City's share is expected to be $6,000 for preliminary engineering and $92,000 for phases 1-6 design. I, therefore, request that Your Honorable Body authorize the Mayor to enter into agreements with the State of New York for this project, and that you authorize the Comptroller to pay the City's share not to exceed $6,000 for preliminary engineering and $92,000 for phases 1-6 design. Funds for this project are available in CPF 200-401-009. Mr. Fahey moved: That the communication from the Department of Public Works, dated July 13, 1993, be received and filed; and That the Mayor be, and he hereby is authorized to enter into an agreement with the State of New York for a Traffic Signal Coordination Study of the Central Business District, and to authorize the Comptroller to pay the City's share not to exceed $6,000 for preliminary engineering and $92,000 for Phases 1-6 design, all as described in the above communication from the Commissioner of Public Works. Funds for this project are available in CPF 200-401-009. PASSED. AYES- 13 NOES- 0. No. 30 Permission to Prepare Plans & Specifications And Advertise Proposals for Street Resurfacing Contracts, Various Streets I hereby request permission from your honorable Body to prepare plans and specifications and advertise for sealed proposals for street resurfacing contracts, various streets, as specified below: 1. Repair to City pavements - 1993-94 2. Resurfacing of City Pavements - 1993-94 3. Resurfacing of City owned Street Facilities - 1993-94 4. Repair to City Sidewalks - 1993-94 5. Repair to City Curbs -1993-94 6. Heater/Scarifying of City Pavements - 1993-1994 Funds for these projects will be available in Capital Projects Funds #200-401-507-00-000. Mr. Fahey moved: That the communication from the Department of Public Works, dated July 12, 1993, be received and filed; and That the Commissioner of Public Works be, and he hereby is authorized to prepare plans and specifications and advertise for sealed proposals for street resurfacing contracts, various streets in the City, as listed in the above communication, with said costs to be charged to Capital Projects Fund #200-401-507-00-000. ADOPTED. No. 31 Permission To Enter Into An Agreement With The Consolidated Rail Corporation For Reconstruction Of Jewett Avenue Bridge Over Conrail BIN 2-26056-0 I hereby request permission from your Honorable Body for the Mayor to enter into an agreement with the Consolidated Rail Corporation for the proposed reconstruction of OH Bridge 3.90 carrying Jewett Avenue over Beltline Branch, LC 4842. Mr. Fahey moved: That the communication from the Department of Public Works, dated July 20, 1993, be received and filed; and That the Mayor be, and he hereby is authorized to enter into an agreement with the Consolidated Rail Corporation for the proposed reconstruction of OH Bridge 3.90 carrying Jewett Avenue over Beltline Branch, LC 4842. PASSED. AYES- 13 NOES- 0. No. 32 Report of Bids New Bleachers for Tifft Farm Playfields Tifft Farm I asked for and received the following Informal Proposals for the New Bleachers for the Tifft Farm Playfields on June 11, 1993. LCP Construction Corp. $13,190 Gleasons Nursery 17,400 Buffalo Creek Landscaping 22,800 I hereby certify that the foregoing is a true and correct statement of all bids received and that LCP Construction Corp. in the amount of $13,190 is the lowest responsible bidder in accordance with the plans and specifications. I recommend that Your Honorable Body authorize the Commissioner of Public Works to order the work on the basis of the low bid. Funds for this work are in B/F 200-402-083 - Division of Buildings. Estimate for this work was $12,500.00 Mr. Fahey moved: That the communication from the Department of Public Works, dated July 8, 1993, be received and filed; and That the Commissioner of Public Works be, and he hereby is authorized to award a contract for New Bleachers for Tifft Farm Playfields, Tifft Farm to LCP Construction Corp., the lowest responsible bidder in the amount of $13,190.00, with said cost to be charged against the B/F 200-402-083 Division of Buildings Account. PASSED. AYES- 13 NOES- 0. No. 33 Report of Bids Computer Wiring New South District Police Station 1847 South Park Avenue I asked for and received the following Informal Proposals for the Computer Wiring, New South District Police Station on July 14, 1993. Prem Com $6,125.00 Data Pro 8,060.00 ESI-DATA Connections 8,862.70 I hereby certify that the foregoing is a true and correct statement of all bids received and that Prem Corn in the amount of $6,125.00 is the lowest responsible bidder in accordance with the plans and specifications. I recommend that Your Honorable Body authorize the Commissioner of Public Works to order the work on the basis of the low bid. Funds for this work are in B/F 200-402-009 - Division of Buildings. Estimate for this work was $8,000.00 Mr. Fahey moved: That the communication from the Department of Public Works, dated July 14, 1993, be received and filed; and That the Commissioner of Public Works be, and he hereby is authorized to award a contract for Computer Wiring, New South District Police Station, 1847 South Park Avenue to Prem Corn, the lowest responsible bidder in the amount of $6,125.00, with said cost to be charged against the B/F 200-402-009 Division of Buildings Account. PASSED. AYES- 13 NOES- 0. No. 34 Change Order No. 1 New 12 Inch Watermain Connections Broadway/Central/ So. Ogden Street I hereby submit to your Honorable Body the following change order with Kandey Company, Inc. Inc. for work relating to New 12 Inch Watermain Connections Broadway/Central/So. Ogden Streets, City Contract No. 91696590. Work Item No. 09.112TR - Called for installing 220 L.F. of 12" Ductile Iron Pipe. 254.5 L.F. was needed. Increase: $2,760.00 Work Item No. 02.340 - Called for removal of 10 abandoned railroad track supports. Only 2 were removed. Decrease: $.08 Work Item No. 09.112BR - Called for 40 L.F. of 12" restrained M.J. Ductile Iron pipe in Broadway. Only 28.1 L.F. was installed. Decrease: $1,190.00 Work Item 09.112CT - Called for 40 I.f. of 12' restrained M.J. Ductile Iron pipe in Central Avenue. 44.5 I.f. of pipe was installed. Increase: $ 450.00 Work Item No. 88.100 - Called for 50 yds. of pavement restoration. 77.4 yds. were required. Increase: $2,740.00 New Work Item No. 1 - The contractor was required to raise the existing 12" storm sewer to clear 24 x 12 tee installation in Broadway. Increase: $3,007.69 New Work Item No. 2 - Additional materials were required to replace existing bends on the north side of Conrail's crossing. Increase: $723.25 Costs have been reviewed by the Department of Public Works and found to be fair and equitable. SUMMARY: Original amount of Contract $64,600.16 Amount of Change Order No. 1 Increase $8,490.86 CURRENT AMOUNT OF CONTRACT $73,091.02 Funds in the amount of $8,490.86 are available in the Division of Water's 416 Capital Project Fund, 020 Account. I recommend the above change order and it is respectfully requested that your Honorable Body authorize the Commissioner of Public Works to issue a change order as set forth above. Mr. Fahey moved: That the communication from the Department of Public Works dated July 7, 1993, be received and filed; and That the Commissioner of Public Works, be and he hereby is authorized to issue a change order No. 1 to Kandey Company, Inc. No. 91696500 a net increase in the amount of $8,490.86, as more fully described in the above communication, for additional work relating to New 12 Inch Watermain Connections Broadway/Central/S. Ogden Streets. Funds for this contract are available in the Division of Water's 416 Capital Project Fund, 020 Account. PASSED. AYES- 13 NOES- 0. No. 35 Change in Contract-Change Order #1 Repair To City Sidewalks - 1993-1994 Contract No. 91700100 Cemulini-Pecoraro Construction Corporation Item No. 33, C.C.P. 01-19-93 I hereby submit to Your Honorable Body the following change order to the contract for the above named project. The change order became necessary due to the unexpected larger amount of sub-base course (stone) and topsoil that has been used in the contract to date. The added use of these items has caused a decrease in our main item for concrete sidewalks that is needed to complete the planned remaining streets in the contract. Additions: Item # Description Unit Price Est. Quantity Est. Cost R05204 concrete sidewalks $1.74 28,735 $50,000.00 and approaches- 4 inch Contract Summary: Original amount of contract $400,910.00 Change order #1 $50,000.00 New contract total $450,910.00 Funds for this contract are to be charged to Account No. 200-401-507-00-000. This work will not require an extension of time. I hereby certify that this change order is fair and equitable for the work involved and respectfully request that Your Honorable Body approve the above change order and authorize the Commissioner of Public Works to issue said change order to Cemulini-Pecoraro Construction Corporation. Mr. Fahey moved: That the communication from the Department of Public Works dated July 9, 1993, be received and filed; and That the Commissioner of Public Works, be and he hereby is authorized to issue a change order No. 1 to Cemulini-Pecoraro Construction Corporation, No. 91700100 a net increase in the amount of $50,000.00, as more fully described in the above communication, for additional work relating to Repair to city sidewalks 1993-94. Funds for this contract are available in Account 200-401-507-00-000. PASSED. AYES- 13 NOES- 0. No. 36 Change In Contract-Change Order # 1 Repair of City Curbs - 1992-1993 Contract # 91683000- M.P.J. Contracting, Inc. Item No. 30 C.C.P. 07/07/92 I hereby submit to Your Honorable Body the following unit price additions to the Contract for the above named project. This change order is necessary to enable us to make improvements to the grounds at the Buffalo & Erie County Historical Society, including curb and sidewalk work, with handicap ramps, in anticipations of the World University Games. Also, this change order is necessary to enable us to make improvements to the center park mall areas at Dorchester Road from Richmond Avenue to Bidwell Parkway, including concrete curb and landscaping. Contract Item # Description Unit Price Estimated Cost Quantity R05.204 Concrete Sidewalks $2.35 2,035 S.F. $4,782.25 & Approaches-4" R07.104R Granite Curbs-4" Radius $35.00 159.0 L.F. $ 5,565.00 R07.506 Concrete Curb-6" $17.00 989.3 L.F. $16,818.10 Change Order #1 (Total Unit Price Additions) $27,165.35 Contract Summary: Original Amount of Contract $44,010.40 Change Order #1 $27,165.35 New Contract Total $71,175.75 Funds for this additional work ($27,165.35) are available in Division of Engineering Capital Project Fund *200-401-507. This work will not require an extension of time. I hereby certify that this change order is fair and equitable for the work involved and respectfully request that Your Honorable Body approve the above change order and authorize Commissioner of Public Works to issue said change order to M.P.J. Contracting, Inc. Mr. Fahey moved: That the communication from the Department of Public Works dated July 13, 1993, be received and filed; and That the Commissioner of Public Works, be and he hereby is authorized to issue a change order No. 1 to M.P.J. Contracting, Inc., NO. 91683000 a net increase in the amount of $27,165.35, as more fully described in the above communication, for additional work relating to Repair of City Curbs 1992-93. Funds for this contract are available in Division of Engineering Capital Project Funds #200-401-507. PASSED. AYES- 13 NOES- 0. No. 37 Change In Contract-Change Order #4 Resurfacing of City Pavements-1993 Contract #91698700- Amherst Paving, Inc. Item No. 44, C.C.P. 03/16/93 I hereby submit to Your Honorable Body the following unit price change order to the Contract for the above named project. This change order is necessary to enable us to complete the following additional street overlays as requested by Neighborhood Block Groups, various Councilmembers, etc. 1. Elmer Ave. - Kensington to Amherst 2. Belvedere Road - McKinley to Mercy 3. Livingston Alley - Auburn to Livingston 4. Laurel St. - Hasten to Jefferson 5. McKinley Pkwy. - Okell to Dorrance 6. Main Street - LaSalle to Kenmore Contract Item # Description Unit Price Estimated Cost Quantity 04.110 Asphalt Concrete $33 1,612.3 Ton $53,205.90 Fine Top Machine Laid 685.0902 Epoxy Reflectorized $0.65 12,914 L.F. $ 8,394.10 Pavement Markings Change Order #4 (Total Unit Price Additions) $61,600.00 Contract Summary: Original Amount of Contract $445,090 Change Order #1 50,847 Change Order #2 $100,650 Change Order #3 $ 0.00 Change Order #4 $ 61,600 New Contract Total $658,187 This work will not require an extension of time. I hereby certify that this change order is fair and equitable for the work involved and respectfully request that Your Honorable Body approve the above change order and authorize the Commissioner of Public Works to issue said change order to Amherst Paving, Inc. Mr. Fahey moved: That the communication from the Department of Public Works dated July 13, 1993, be received and filed; and That the Commissioner of Public Works, be and he hereby is authorized to issue a change order No. 4 to Amherst Paving, Inc., #91698700 a net increase in the amount of $61,600.00, as more fully described in the above communication, for additional work relating to Resurfacing of City Pavements 1993. PASSED. AYES- 13 NOES- 0. No. 38 Change in Contract Kleinhans Music Hall Plumbing Reconstruction I herewith submit to Your Honorable Body the following change in contract for the Plumbing Reconstruction, Kleinhans Music Hall, A. Gareleck & Sons, Inc., C #91686200: 1. Re-route existing sanitary sewer at sub- basement around new elevator pit Add $ 950.00 The foregoing results in a net increase in the contract of Nine-Hundred Fifty and 00/100 Dollars ($950.00). Summary: Original Amount of Contract $53,883.00 Change Order #1 (CCP 2/16/93; item 32) Deduct 1,437.00 Amount of This Change (#2) 950.00 Revised Amount of Contract $53,396.00 This change could not be foreseen at the time contract was let. Costs have been reviewed by the Department of Public Works and found to be fair and equitable. Funds for this work are in B/F 200-402-068 - Division of Buildings. I recommend that Your Honorable Body authorize the Commissioner of Public Works to issue a change order to the contractor as set forth above. Mr. Fahey moved: That the communication from the Department of Public Works dated July 14, 1993, be received and filed; and That the Commissioner of Public Works, be and he hereby is authorized to issue a change order No. 2 to A. Gareleck & Sons, Inc., C #91686200 a net increase in the amount of $950.00, as more fully described in the above communication, for additional work relating to Kleinhans Music Hall Plumbing Reconstruction. Funds for this contract are available in B/F 200-402-068 Division of Buildings. PASSED. AYES- 13 NOES- 0. No. 39 Change in Contract Plumbing Reconstruction of Pools Various Locations - 1993 I herewith submit to Your Honorable Body the following change in contract for NuMarco, Inc. C-91697600: 1. Replace 2 - 6" filter plug valves at Centennial Pool. Add 1,534.00 2. Repair suction filter piping at Crowley St. wading pool. Add 368.00 3. Replace 6" cold water plug valve at Riverside Pool. Add 801.00 4. Repair trash pump at Shoshone Pool. Add 188.00 5. Repair 6" water service at Massachusetts Pool including excavation testing backfill and paving. Add 4,804.37 The valve, piping and equipment replacements were the result of defects that were not evident during the bidding documents preparation. The water service reconstruction was an emergency, requiring immediate repair. The foregoing change results in a net increase in the contract of Seven Thousand Six Hundred Ninety-five and 37/100 Dollars (7,695.37). Summary Original Amount of Contract $32,300.00 Change Order No. 1 Add 661.00 Amount of this change (No. 2) Add 7,695.37 Revised Amount of Contract $40,656.37 This change could not be foreseen at the time contract was let. Costs have been reviewed by the Department of Public Works and found to be fair and equitable. Funds for this work are in B/F 200-402-063 - Division of Buildings. I recommend that Your Honorable Body authorize the Commissioner of Public Works to issue a change order to the contractor as set forth above. Mr. Fahey moved: That the communication from the Department of Public Works dated July 14, 1993, be received and filed; and That the Commissioner of Public Works, be and he hereby is authorized to issue a change order No. 2 to NuMarco, Inc., C #91697600 a net increase in the amount of $7,695.37, as more fully described in the above communication, for additional work relating to Plumbing Reconstruction of Pools Various Locations -1993. Funds for this contract are available in B/F 200-402-063 Division of Buildings. PASSED. AYES- 13 NOES- 0. No. 40 Change in Contract New South District Police Station 1847 South Park Avenue I herewith submit to your Honorable Body the following change in contract for the New South District Police Station, 1947 South Park Avenue, BRD, Inc. C-91693800: 1. Delete specified door hinges and substitute scheduled hinges. Add 758.00 2. Install three (3) 2 x 12 helper roof joints after jacking damaged joists into place. Add 544.60 3. Lower existing roof platform framing at removed roof top unit. Add 1,147.70 4. Furnish and install wire lath and plaster to south wall at corridor #113 and wall above lockers in Room #121. Add 2,070.00 5. Add four (4) 8" cast aluminum letters at building sign. Add 161.00 6. Credit to not install six (6) 2 x 12 roof joists at exhaust openings that were not required. Deduct 609.20 7. Change combination locks at lockers to master key type. Add 517.50 8. Removal and replacement of 550 square foot of roof deck. Add 2,593.25 9. Reduce size of door and frame to janitors room #129. Add 75.00 The above changes and revisions are a result of ongoing construction work which is exposing these items. The foregoing change results in a net increase in the contract of Five Thousand Seven Hundred Forty-one and 85/100 Dollars ($5,741.85) Summary Original Amount of Contract $337,880.00 Change Order No. 1 CCP #255-11-93 Add 4,992.00 Amount of this change No. 2 Add 5,741.85 Revised Amount of Contract $348,613.85 This change could not be foreseen at the time contract was let. Costs have been reviewed by the Department of Public Works and found to be fair and equitable. Funds for this work are in B/F 200-402-009 - Division of Buildings. I recommend that Your Honorable Body authorize the Commissioner of Public Works to issue a change order to the contractor as set forth above. Mr. Fahey moved: That the communication from the Department of Public Works dated July 14, 1993, be received and filed; and That the Commissioner of Public Works, be and he hereby is authorized to issue a change order No. 2 to BRD, Inc., C #91693800 a net increase in the amount of $5,741.85, as more fully described in the above communication, for additional work relating to New South District Police Station, 1847 South Park Avenue. Funds for this contract are available in B/F 200-402-009 Division of Buildings. PASSED. AYES- 13 NOES- 0. No. 41 Change in Contract Stage for Shakespeare in Delaware Park I herewith submit to Your Honorable Body the following change in contract for Swiss Fabricating, Inc., C-91702000: 1. Enlarge the size of the lighting/sound control booth Add $1,680.00 The foregoing change results in a net increase in the contract of One-Thousand Six-Hundred Eighty and 00/100 Dollars ($1,680.00). Summary: Original Amount of Contract $153,400.00 Amount of This Change (No. 1) 1,680.00 Revised Amount of Contract $155, 080.00 This change is a request from the Shakespeare in the Park group after bids were received. This change could not be foreseen at the time contract was let. Costs have been reviewed by the Department of Public Works and found to be fair and equitable. Funds for this work are in B/F 200-402-523 - Division of Buildings. I recommend that Your Honorable Body authorize the Commissioner of Public Works to issue a change order to the contractor as set forth above. Mr. Fahey moved: That the communication from the Department of Public Works dated July 14, 1993, be received and filed; and That the Commissioner of Public Works, be and he hereby is authorized to issue a change order No. 1 to Swiss Fabricating, Inc., C-#91702000 a net increase in the amount of $1,680.00, as more fully described in the above communication, for additional work relating to the Stage for Shakespeare in Delaware Park. Funds for this contract are available in B/F 200-402-523 Division of Buildings. PASSED. AYES- 13 NOES- 0. No. 42 Change in Contract Plywood Panel Work Shakespeare in Delaware Park I herewith submit to Your Honorable Body the following change in contract LCP Construction Corp., Service Order #11013460: 1. Enlarge lighting/sound control booth Add $1,350.00 2. Revise tower construction Add 1,975.00 The foregoing change results in a net increase of Three-Thousand Three-Hundred Twenty-Five and 00/100 Dollars ($3,325.00). Summary: Original Amount of Contract $17,000.00 Amount of This Change 3,325.00 Revised Amount of Contract $20,325.00 These changes are due to a request from Shakespeare in the Park after bids were received. This change could not be foreseen at the time contract was let. Costs have been reviewed by the Department of Public Works and found to be fair and equitable. Funds for this work are in B/F 200-402-523 Division of Buildings. I recommend that Your Honorable Body authorize the Commissioner of Public Works to issue a change order to the contractor as set forth above. Mr. Fahey moved: That the communication from the Department of Public Works dated July 14, 1993, be received and filed; and That the Commissioner of Public Works, be and he hereby is authorized to issue a change order to CCP Construction Corp., Service Order #11013460 a net increase in the amount of $3,325.00, as more fully described in the above communication, for additional work relating to Plywood Panel Work Shakespeare in Delaware Park. Funds for this contract are available in B/F 200-402-523 Division of Buildings. PASSED. AYES- 13 NOES- 0. No. 43 Change In Contract-Change order #1 Repair of City Owned Street Facilities-1993 Contract #91701400-Thomann & Loewer Paving & Site Contractors, Inc. Item No.35, C.C.P. 03/30/93 I hereby submit to Your Honorable Body the following unit price additions to the Contract for the above named project. This change order is necessary to enable us to resurface additional sewer manholes and water valve boxes, as a result of the expanded street resurfacing program, which includes the following streets: 1. Elmer Ave. - Kensington to Amherst 2. Belvedere Road - McKinley to Mercy 3. Livingston Alley - Auburn to Livingston 4. Laurel St. - Hasten to Jefferson 5. McKinley Pkwy. - Okell to Dorrance 6. Main Street - LaSalle to Kenmore Contract Item # Description Unit Price Estimated Cost Quantity 08.640 Manhole Frame Adjustment $410.00 47 Each $19,270 08.660 Brick Manholes Adjustment $ 55.00 100 E.C. $ 5,500 09.612 waterline Valve Box-Top Section $275.00 5 Each $ 1,375 Change order #1 (Total Unit Price Additions) $26,145 Contract Summary: Original Amount of Contract $41,265.00 Change order #1 $26,145.00 New Contract Total $67,410.00 Funds for this additional work ($26,145.00) are available in Division of Engineering Capital Project Fund #200-401-507. This work will not require an extension of time. I hereby certify that this change order is fair and equitable for the work involved and respectfully request that Your Honorable Body approve the above change order and authorize the Commissioner of Public Works to issue said change order to Thomann & Loewer Paving & Site Contractors, Inc. Mr. Fahey moved: That the communication from the Department of Public Works dated July 14, 1993, be received and filed; and That the Commissioner of Public Works, be and he hereby is authorized to issue a change order No. 1 to Thomann & Loewer Paving & Site Contractors, Inc., #91701400 a net increase in the amount of $26,145.00, as more fully described in the above communication, for additional work relating to Repair of City Owned Street Facilities - 1993. Funds for this contract are available in Division of Engineering Capital Project Fund #200-401-507. PASSED. AYES- 13 NOES- 0. No. 44 5 East Huron Door in Right of Way Mr. Joseph Giangreco, owner of Howards Shoes, located at 5 East Huron Street, has requested permission to install a door in an existing recessed area which when opened will encroach 6 inches into City right of way. The Department of Public Works has reviewed Mr. Giangreco's application pursuant to Chapter 413-67 (encroachment regulations) of the City ordinances and has no objection to your Honorable Body authorizing the Commissioner of Public Works to issue a Mere License" for said installation provided the following conditions are met: 1. That the applicant obtain any and all other City of Buffalo permits necessary for said installation. 2. That the door be installed exactly as shown on plans submitted to and approved by the Department of Public Works, Division of Buildings. 3. That the applicant supply the City of Buffalo with a five thousand dollar construction in street bond or certificate of insurance which will indemnify and save harmless the City of Buffalo against any and all loss and damage arising out of the construction, maintenance, use and removal of said encroachment. REFERRED TO THE COMMITTEE ON LEGISLATION AND THE CITY PLANNING BOARD. No. 45 537 Main Street Encroachments Into Right Of Way Mr. Vince Allesandra, owner of Arby's, located at 537 Main Street, has requested permission to install two awnings and two doors which, when opened, all encroach City right of way. The awnings measure approximately 24 feet in length and project 12 feet from the building face. The doors measure 36 inches in width. The Department of Public Works has reviewed Mr. Allesandra's application pursuant to Chapters 413-56 (awnings, canopies, and marquees) and 413-67 (encroachment regulations) of the City ordinances and has no objection to your Honorable Body authorizing the Commissioner of Public Works to issue a "Mere License" for said installation provided the following conditions are met: 1. That the applicant obtain any and all other City of Buffalo permits necessary for said installation. 2. That the awnings and doors be installed exactly as shown on plans submitted to and approved by the Department of Public Works, Division of Buildings. 3. That the applicant supply the City of Buffalo with a five thousand dollar construction in street bond or certificate of insurance which will indemnify and save harmless the City of Buffalo against any and all loss and damage arising out of the construction, maintenance, use and removal of said encroachment. REFERRED TO THE COMMITTEE ON LEGISLATION AND THE CITY PLANNING BOARD. No. 46 510 Washington Encroachments Into City Right Of Way Mr. George Smilanich III, owner of the property located at 510 Washington Street, has requested permission to install two awning. and three doors which, when opened, all encroach City right of way. The awning. measure 11 feet in length and extend 6 feet from the building face. The doors measure 44 inches and 36 inches in width. The Department of Public Works has reviewed Mr. Smilanich's application pursuant to Chapters 413-56 (awning., canopies and marquees) and 413-67 (encroachment regulations) of the City ordinances and has no objection to Your Honorable Body authorizing the Commissioner of Public Work. to issue a "Mere License" for said installation provided the following conditions are met: 1. That the applicant obtain any and all other City of Buffalo permits necessary for said installation. 2. That the awning. and doors be installed exactly as shown on plans submitted to and approved by the Department of Public Works, Division of Buildings. 3. That the applicant supply the city of Buffalo with a Five Thousand Dollar ($5,000.00) construction in street bond or certificate of insurance which will indemnify and save harmless the City of Buffalo against any and all loss and damage arising out of the construction, maintenance, use and removal of said sidewalk cafe. REFERRED TO THE COMMITTEE ON LEGISLATION AND THE CITY PLANNING BOARD. No. 47 1487 Hertel Avenue Requests Permission to Install Sidewalk Cafe Mr. John Gardon, owner of Sterling Place, a bar and restaurant located at 1487 Hertel, has requested permission to install a sidewalk cafe which would encroach City right of way at said address. The proposed cafe would measure 37 feet in length and project 7 feet from the building face into City right of way on Hertel and measure 26 feet in length and project 7 feet from the building on Sterling Avenue. The Department of Public Works has reviewed Mr. Gardon's application pursuant to Chapter 413 Section 59 (Sidewalk Cafes) of the City ordinances and has no objection to Your Honorable Body authorizing the Commissioner of Public Works to issue a "Mere License" for installation of said sidewalk cafe provided the following conditions are met: 1. That the applicant obtain any and all other City of Buffalo permits necessary for said installation. 2. That the sidewalk cafe be installed exactly as shown on plans submitted to and approved by the Department of Public Works, Division of Building.. 3. That the sidewalk cafe does not exceed 37 and 26 feet in length or extend more than 7 feet from the building face. 4. That no portion of the sidewalk cafe be permanent in nature or permanently affixed to the main building or public sidewalk. 5. That the sidewalk cafe be completely removed from City right of way from November 15 to April 1 each year. 6. That the applicant be assessed the annual fee of $1.05 per square foot of City right of way occupied by said sidewalk cafe as described in Chapter 143 Article IX Section 59 (Sidewalk Cafes) of the City ordinances. 7. That the applicant supply the City of Buffalo with a Five Thousand Dollar ($5,000.00) construction in street bond or certificate of insurance which will indemnify and save harmless the City of Buffalo against any and all loss and damage arising out of the construction, maintenance, use and removal of said sidewalk cafe. REFEREED TO THE COMMITTEE ON LEGISLATION AND THE CITY PLANNING BOARD. No. 48 Lead Joint Repairs Let me state first that the repairs made to the 20 inch valve at Adams & William were performed using acceptable practices which have been and are still being used by many water districts nationally and locally. When work is required on a joint leak, only three options are available. Option 1: 50/50 lead solder is our choice for joint repairs. The lead used to make the joint never comes in contact with the water inside the main thus eliminating any concern of contamination. It is our concern for the safety of the work force that causes us to limit this procedure to several times a year. Option 2: Tin/Antimony - 5% lead can be used. However, due to the much higher temperature needed to heat this method is much more dangerous to the work force. In addition, the extreme heat will damage valves or pipe being repaired. Plumbers are very reluctant to use this method due to its dangerous nature and in our opinion, it is not practical for joint repairs. Option 3: Replace the line or valve in need of repair. This method of course would be the most preferable. Due however to prohibiting costs, the option of full replacement is not a viable alternative. We, unfortunately, do not have the luxury of considering this method. In conclusion, our water distribution system is very old and problems do exist with the outside diameters of pipe and other material used. This requires our use of lead joint repairs per Option 1 above on rare occasions only and when this method is used, we remove for or five old joints thus reducing lead in the system. Should you have any additional questions regarding this matter, please feel free to call at 851-5636. REFERRED TO THE COMMITTEE ON LEGISLATION. FROM THE COMMISSIONER OF POLICE No. 49 Aid To Law Enforcement Grant Program Renewal Fiscal Year 1993-1994 Item No. 97, C.C.P. 11/24/92 We have applied for and have been awarded $652,998 in renewal funding from the New York State Department of Criminal Justice Services for the renewal of our Aid To Law Enforcement Grant Program (formerly called the MOPP Program) for the period April 1, 1993 through March 31, 1994. Under this agreement, the State will reimburse the City of Buffalo with $652,998 for the Police Department to provide case enhancement for the arrest and conviction of offenders who commit violent felonies and/or who otherwise fall under the definition of career criminal (as specified under the grant) because of their previous arrest history. I am respectfully requesting that your Honorable Body authorize permission for the Mayor to enter into this renewal agreement (see copy of renewal narrative attached and award letter from State). We are also respectfully requesting that Your Honorable Body authorize the Comptroller to provide for an inter-fund cash loan in the amount of $65,781 as a cash advance for all non-personnel expenses (which are listed in grant narrative budget) until such reimbursement is secured from the State. The loan would then be repaid as the reimbursements are sent to the City from the State under this grant program. If you require additional information, please do not hesitate to contact Captain Edward C. Hempling, MIS/Fiscal Management. Mr. Fahey moved: That the communication from the Police Department, dated July 14, 1993, be received and filed; and That the Mayor be, and he hereby is authorized to enter into a renewal agreement for Aid to Law Enforcement Grant Program with the New York State Department of Criminal Justice Services, for the period April 1, 1993 through March 31, 1994 and that the Comptroller provide for an inter-fund cash loan in the amount of $65,781.00 as a cash advance for all non-personnel expenses (which are listed in grant narrative budget) until such reimbursement is secured from the State. The loan would then be repaid as the reimbursements are sent to the City from the State under this grant program. PASSED. AYES- 13 NOES- 0. No. 50 Manpower/Hours/Cost for World Games The following is a budget provided to the World Games: LOCATION TOTAL # TYPE OF TOTAL # OF PEOPLE EVENT HOURS TOTAL $ Command Post 160 Delaware Pk. 480 16,104 Radio Station Memorial Aud 274 Basketball 2,6729 3,520 Pilot Field 88 Baseball 990 34,650 E.C.C. City 70 Swimming 1,132 39,620 Villa Maria 94 Basketball 1,088 38,080 Emerson H.S. 30 Basketball 254 8,890 McKinley H.S. 42 Basketball 432 15,120 Bennett H.S. 46 Basketball 408 14,280 Nichols H.S. & Delaware Park 64 Soccer 72 2,520 S.W.A.T. 144 All City Venues 2,304 80,640 Hostage Management Team 64 All City 768 26,880 Traffic/W.U.G. 202 All City Venues 1,450 50,750 Media Relations/ Cultural Events 26 J.O.C./Cultural Events 196 6,860 War Memorial 6 Cultural Events 24 850 1,310 12,270 Hrs. $428,764 RECEIVED AND FILED. FROM THE COMMISSIONER OF FIRE No. 51 Ordinance Amendment Ch 175 (263) Alarm Monitoring Item #141 C.C.P. 6/22/93 As per your request, I have enclosed a list of locations that are directly connected to the Fire Department Communications Office. All of these locations transmit alarms to the Fire Department through an Alarm Box, that is connected by wire that is installed and maintained by our Department. RECEIVED AND FILED. FROM THE CORPORATION COUNSEL No. 52 Ordinance Amendment Chapter 281 - Turnkey Rental Item No. 183, C.C.P., 6/6/93 This Ordinance Amendment would allow the City to grant real property tax exemptions to certain low income housing rental projects. Section 1106-h of the New York State Private Housing Finance Law authorizes the City to provide for such exemptions. The amount and duration of each exemption would be subject to Council approval. RECEIVED AND FILED. No. 53 Pilot Field Naming Rights Litigation I respectfully request an opportunity to meet with Your Honorable Body to discuss the status of this matter. REFERRED TO THE COMMITTEE ON FINANCE. No. 54 Deputy Police Commissioner Overtime Pay World University Games (Item No 161, C.C.P., 7/6/93) Your Honorable Body has asked for the opinion of Law Department concerning the payment of overtime to Deputy Commissioners of Police who perform extended duty in connection with the ongoing World University Games. The cost of the payments would be paid from New York State funds and not from City of Buffalo sources. The position of Deputy Commissioner of Police is a managerial position exempt from the requirements of the Civil Service Law and the wage and hour requirements of the applicable collective bargaining agreement. As a matter of long standing practice and custom, exempt employees are not entitled to overtime but rather work for a salary without specific hour requirements. Pursuant to Section 453 of the Charter your Honorable Body has the authority to approve such overtime payments. Such payments are, however, an exception to the general rule, and as such could be construed as a binding precedent requiring the City to pay overtime claims by exempt employees in the future. While the circumstances in this case are unusual in that they involve the World University Games, there is no assurance that a court or administrative tribunal would not find payment of overtime in this case precedent and cause for payment of overtime in other cases. Because the City of Buffalo will be subject to an increased risk of liability for future overtime claims if this present claim is permitted, I cannot recommend that the City of Buffalo deviate from its long standing policy. REFERRED TO THE COMMITTEE ON CIVIL SERVICE. FROM THE COMMISSIONER OF COMMUNITY DEVELOPMENT No. 55 Draft Environmental Impact Statement (DEIS) - Crossroads Urban Renewal Plan Amendment Enclosed for your review and comment, as per Section 617.10 of SEQR, are: -The Draft EIS for the Crossroads Urban Renewal Plan Amendment -The Waterfront Redevelopment Project Urban Renewal Plan Amendment (Appendix A to the DEIS) -The required Notice of Completion of the DEIS and Notice of DEIS Public Hearing REFERRED TO THE AUDITORIUM/STADIUM TASK FORCE. No. 56 Amendment to the Waterfront Redevelopment Project No. NYR-35 Urban Renewal Plan - Crossroads Area Amendment On October 22, 1963, the Common Council approved the Waterfront Redevelopment Project Urban Renewal Plan as a way to plan and control the development on the waterfront for a period of 50 years (C.C.P. No. 2). Based on recent proposals regarding a large-scale, economic development project, which includes the construction of a new sports and entertainment complex, it has been determined that in the best interest of the City, it would be advisable to expand the existing boundaries of the Waterfront Urban Renewal Area. The project area is located within the 22+/-acre area bounded by Perry on the north, Washington Street on the west, Columbia Street on the east, and South Park Avenue on the south (see attached maps). On January 19, 1993, the Common Council approved the Urban Renewal Site Designation for the Crossroads area. The Site Designation approval, which is the first step in the urban renewal planning process as required under Subdivision 3 of Section 502 of Article 15 of the General Municipal Law, gave the Department of Community Development the legal authority to determine if this area demonstrated a level of "slums and blight" required by federal law before it would be designated an urban renewal treatment area. The studies have shown the condition of the buildings and infrastructure to be blighted to the degree that the targeting of major public and private investment is required to have any significant impact on improving the area. The Department of Community Development hired the firm of Ecology and Environment to prepare the Crossroads area amendment to the Waterfront Urban Renewal Area. The plan amendment will allow for the acquisition and assembly of vacant and/or under-utilized properties to serve as an appropriate site for a new sports and entertainment complex. The City Planning Board gave its unqualified approval to the plan amendment at a special meeting/public hearing held on July 19, 1993. Upon receiving the recommendation of the City Planning Board, it is respectfully requested that your Honorable Body act on the amendment of the plan by conducting a public hearing and by adopting the appropriate resolution. LAID ON THE TABLE. No. 57 Report of Bids or Appraisals for Crossroads Arena Project the following bids were received: 1.) Four Corners Appraisal Services $43,350.00 2.) Upstate Appraisal, Inc.$ $39,400.00 3.) Northeastern Appraisal Associates $57,700.00 4.) Kushman Appraisal Services, Inc. $34,400.00 5.) GAR Associates, Inc. $60,600.00 I hereby certify that the lowest responsible bidders for the above mentioned project are Kushman Appraisal Services, Inc. and Upstate Appraisal, Inc. That the Commissioner of Community Development be, and he hereby is authorized to award a contract for appraisals for Crossroads Arena Project to Kushman Appraisal Services, Inc. and Upstate Appraisal, Inc., the lowest responsible bidders in the amount of $34,400.00 and $39,400.00, with said cost to be charged against the Capital Project Bond Account #200-717-018. Mr. Fahey moved: That the communication from the Department of Community Development dated July 20, 1993 be received and filed, and That the Commissioner of Community Development be and hereby is authorized to award contracts for appraisals for the Crossroads Arena Project to Kushman Appraisal services, Inc. and Upstate Appraisal, Inc., the lowest responsible bidders in the amounts of $34,400 and $39,400 respectively, with said cost to be charged against Capital Project Pond Account No. 200-717-018. PASSED. AYES- 13 NOES- 0. No. 58 Amend Capital Budget - Crossroads Arena At the present time, the Common Council and Administration has approved $7.5 million in the City's Capital Budget for the proposed Crossroads Arena. Prior to FY 93-94, $2.35 million was approved for planning including environmental assessment work, and $5.15 million was approved in FY 93-94 for site acquisition, utility relocation and demolition. As discussions between the City, County, Sabres and other public agencies have continued, it has become apparent that the $115.5 million Crossroads project will require authorization for the City to spend up to $10 million for its role in this project. In order to avoid future capital budget amendments, and to finalize City financial planning for this project, I respectfully request the Council formally authorize increasing the City's capital budget for the Crossroads Arena project from $7.5 million to $10 million. RECEIVED AND FILED. No. 59 Report Of Bids Delaware Park Meadow Pathway As authorized by Your Honorable Body Item No. 72 of July 21, 1992. I advertised for and received the following sealed proposals for Delaware Park Meadow Pathway ,which were opened and publicly read July 14, 1993: BIDDER BASE BID ALT 1 ALT 2A ALT 2B ALT 2C DEDUCT ADD ADD ADD ALT.3 ALT.4 ALT.5A ALT.5B ADD ADD MPJ Cont Inc. $132,000 4,000 12,000 12,000 12,000 68 Churchill St 1,000 4,500 +3,000 +3,500 Buffalo, N.Y. 14207 G.B.H. Paving 152,601 0 8,582 2,544 4,171 24 Willow Green Dr. 4,838 7,400 +3,564 +786 Amherst, N.Y. 14228 N.E. Divers $174,620 300 15,500 3,500 12,250 77 West Drullard 5,000 9,600 +2,200 +800 Lancaster, N.Y. 14086 B.D.R. Inc. $187,444 500 11,000 3,800 3,000 3480 Benzing Rd. 3,300 17,000 -2,500 -3,500 Orchard Park, N.Y. 14127 LCP Const. $189,724 6,500 21,000 5,800 16,000 589 Northland 1,900 4,800 +14,760 +4,900 Buffalo, N.Y. 14211 Thomann & Loewer $189,950 800 11,495 3,000 10,225 Asphalt Paving 1,800 10,430 +2,000 +575 340 Harris Hill Rd. Williamsville, N.Y. 14221 Buffalo Creek Landsc. Inc. $197,444 5,000 10,560 2,880 16,492 11800 Route 20A 1,500 2,000 0 0 Wales Center, N.Y. 14169 Nichter Utility $239,000 17,596 17,760 3,463 11,151 Const Co. Inc. 2,500 7,990 +14,760 4,900 344 Vulcan Street Buffalo, N.Y. 14207 LANDSCAPE ARCHITECT'S ESTIMATE $210,000 BASE BID The preceding is a true and correct abstract of all bids received and M.J.P. Contracting, Inc. is the lowest responsible bidder. Funds for this work will be available in Capital Project Account No. 200-717-050. I therefore recommend that Your Honorable Body authorize the Commissioner of Community Development to order the work by M.J.P. Contracting, Inc. in the base bid amount of $132,000 plus Add Alternate Nos.2A, 2C, 3 and 4 in the amounts of $12,000. $12,000, $1,000 and $4,500 for a total contract award $161,500. Alternate No.2A and 2C add additional sections of path on the south edge of the project. Alternate No.3 removes an old tower base and Alternate No.4 removes and grasses the horseshoe pit area. REFERRED TO THE COMMITTEE ON FINANCE, THE COMMISSIONER OF PARKS, AND THE DELAWARE PARK STEERING COMMITTEE. No. 60 HUD Section 108 Loan Guarantee Application -Harbor Place Marine Sales Inc. Permission is requested of your Honorable Body to utilize a $2.6 million Community Development Block Grant Section 108 Guaranteed Loan, subject to U.S. Department of Housing and Urban Development review and approval, for the following activities to be undertaken by the Buffalo Enterprise Development Corporation, as program administrator: 1) a $1.8 million loan, 20 year term to Harbour Place Marine Sales, Inc. to refinance existing mortgage loans at prevailing Section 108 rates of interest on the following conditions: - a first mortgage lien on the subject premises for the benefit of BEDC and the City, - personal/corporate guarantees deemed necessary by BEDC and the City, - demolition of the large storage building and site improvements approved by the Department of Community Development - such fee title and easements as deemed appropriate by the Department of Community Development for the improvements and betterment of the Riverwalk and adjacent parkland 2) a loan, not to exceed $800,000, to Harbour Place Marine Sales, Inc. for a corporation or partnership to be formed by a new restaurant facility in accordance with CCP 2/27/90 Item 133 on the following conditions: - approval of the proposed operator by BEDC and the North District Council member, - development to commence by July 31, 1994 - approval of such loan by the BEDC Loan Committee, - such personal/corporate guarantees as may be deemed appropriate by BEDC. In the event the latter Section 108 loan is not approved/finalized, Harbour Place Marine Sales, Inc. shall guarantee it will renovate/refurbish the existing restaurant facility at an investment of not less than $300,000 of private funds no later than December 31, 1994. Failure to do so shall constitute a default in any outstanding Section 108 loan. RECEIVED AND FILED. FROM THE COMMISSIONER OF STREETS No. 61 Certificate of Appointment Appointment effective July 7, 1993 in the Department of Street Sanitation Henry Drzazga, 390 McKinley Parkway, Buffalo, New York 14220, to the position of Dispatcher, Permanent, at the Intermediate Starting Salary of $23,753. yr. REFERRED TO THE COMMITTEE ON CIVIL SERVICE. No. 62 Certificate of Appointment Appointment effective July 1, 1993 in the Department of Street Sanitation, to the position of Dispatcher, Permanent, at the Maximum Starting Salary of $25,100. Brian T. Guest, P.O. Box 837, Derby, NY 14047 James L. Pierakos, 43 Coolidge Road, Buffalo, New York 14220 REFERRED TO THE COMMITTEE ON CIVIL SERVICE. FROM THE COMMISSIONER OF INSPECTIONS AND COMMUNITY REVITALIZATION No. 63 Report of Emergency Bid for Demolition of 635 West Avenue Due to the very serious and hazardous condition of the fire-damaged building located at 635 West Avenue Fire Commissioner Paul Shanks requested that our department bid this property for immediate emergency demolition. Inspections were also conducted by this department and it was determined that immediate action was necessary due to (1) the structural condition of the building and/or (2) the resulting dangerous and hazardous condition which exists at this location, i.e., in accordance with guidelines outlined in Chapter 113 of the Ordinances of the City of Buffalo. Please be advised, therefore, that offers to demolish were solicited on June 23, 1993 and that the contract will be awarded to the following responsible bidder: ADDRESS/OWNER CONTRACTOR/ AMOUNT OF BID 635 West Avenue Integrated Waste Special Services Khamtanh Singvongsay 172A Washington Street $6,090.00 Lynn, Mass. Please be further advised that the sewer and water services will be terminated by the demolition contractor and this cost is included in the cost of the project. We, therefore, respectfully request that upon approval by your honorable body and inspections made by this department, that the cost of the project be charged to the Special Assessment Fund #500-000-002-00000, and that said cost shall be collected against the owner or person in possession benefitted under the provision of Chapter 113 of the Ordinances. Mr. Fahey moved: That the communication from the Department of Inspections and Community Revitalization, dated June 30, 1993, be received and filed; and That the award by the Commissioner of Inspections and Community Revitalization of an emergency demolition contract to Integrated Waste Special Services at a cost of $6,090.00, relating to 635 West Avenue, is hereby confirmed, ratified and approved, with said cost to be charged against Special Assessment Fund 500-000-002-00000, and that said cost shall be collected against the owner or person in possession of the premises and/or shall be assessed against the property benefitted, in accordance with Chapter 113, of the Ordinances of the City of Buffalo. PASSED. AYES- 13 NOES- 0. No. 64 Report of Emergency Demolitions Due to the very serious and hazardous condition of the properties listed below, inspections were conducted by this department and it was determined that immediate action was necessary due to (1) the structural condition of the building and hazardous condition which exists at these locations, i.e., in accordance with guidelines outlined in Chapter 113 of the Ordinances of the City of Buffalo. Please be advised, therefore, that offers to demolish were solicited on June 22, 1993 and that the contracts will be awarded to the lowest responsible bidders: ADDRESS/OWNER CONTRACTOR/AMOUNT OF BID 492 E. Ferry and Garage Integrated Waste Special Services Mark and Edith Mitchell $8205.00 243 Londonderry Lane Getzville, NY 14068 243 Sumner Pl and Garage Integrated Waste Special Services Susan Cegielski $6165.00 243 Sumner Place Buffalo, NY 14211 403 Best Lebis Enterprises Inc. Gloria Porter $9175.00 403 Best Buffalo, NY 14208 434 Adams and Garage Lebis Enterprises Inc. William Mathens aka William $6350.00 Matthens 434 Adams Buffalo, NY 14212 216 Watson Integrated Waste Special Services Andrew Lawrence (Dec) $5975.00 C/O Pearl Lawrence 2 Girard Place Buffalo, NY 14206 496 Monroe Integrated Waste Special Services Oscar Baker $4670.00 250 Wyoming Buffalo, NY 14215 244 Monroe and Shed Integrated Waste Special Services George Murphy $4468.00 244 Monroe Buffalo, NY 14206 82 Camp Lebis Enterprises Inc. John H. Hackney $6475.00 50 Hewitt Buffalo, NY 14215 342 - 14th St. Integrated Waste Special Services Ray A. Williams $5000.00 342 - 14th St. Buffalo, NY 14213 59 Bardol Front and Rear Great Lakes Dismantling Henry Riddick (Dec) $5090.00 165 Maple Buffalo, NY 14212 757 Broadway Integrated Waste Special Services Otis and Lizzie Goodwin $8280.00 757 Broadway Buffalo, NY 14212 2214 Fillmore Integrated Waste Special Services Ronald and Myron Harvey $4680.00 66 Riley Buffalo, NY 14209 112 Strauss Front and Rear Integrated Waste Special Services William H. Carmichael $7550.00 C/O Ruth C. Brown 132 Humber Buffalo, NY 14215 203 Grey Front and Rear Great Lakes Dismantling Arthur Prohaska $6138.00 5553 Lockwood Olcott, NY 14126 140 Hastings and Garage Integrated Waste Special Services Elizabeth Wagner $4200.00 140 Hastings Buffalo, NY 14215 40 Langmeyer Great Lakes Dismantling Julius Spell $4540.00 40 Langmeyer Buffalo, NY 14215 136 Adams Front and Rear Great Lakes Dismantling Chaitamya K. Kalevar $10075.00 159 Glenholme Ave Toronto, Canada L9C 4RL 393 Walnut Great Lakes Dismantling Cherry-Hickory Inc. $5000.00 C/O Seymour Rosenberg 333 Genesee St. Buffalo, NY 14204 563 Broadway Integrated Waste Special Services Constantine and Eleni Karakousis $4250.00 120 Oakland Place Buffalo, NY 14222 Please be further advised that the demolition contractor will arrange for the water and sewer terminations and that the cost is included in the cost of the project. We, therefore, respectfully request that upon approval by your honorable body and inspections made by this department, that the cost of the project be charged to the Special Assessment Fund #500-000-002-00000, and that said cost shall be collected against the owner or person in possession benefitted, under the provision of Chapter 113 of the Ordinances. Mr. Fahey moved: That the communication from the Department of Inspections and Community Revitalization, dated July 7, 1993, be received and filed; and That the award by the Commissioner of Inspections and Community Revitalization of an emergency demolition contract to Integrated Waste Special Services at a cost of $8,205.00, relating to 492 East Ferry and Garage, to Integrated Waste Special Services at a cost of $6,165.00, relating to 243 Sumner Place and Garage, to Lebis Enterprises Inc. at a cost of $9,175.00, relating to 403 Best, to Lebis Enterprises Inc. at a cost of $6,350.00, relating to 434 Adams and Garage, to Integrated Waste Special Services at a cost of $5,975.00, relating to 216 Watson, to Integrated Waste Special Services at a cost of $4,670.00, relating to 496 Monroe, to Integrated Waste Special Services at a cost of $4,468.00, relating to 244 Monroe and Shed, to Lebis Enterprises Inc. at a cost of $6,475.00, relating to 82 Camp, to Integrated Waste Special Services at a cost of $5,000.00, relating to 342 - 14th Street, to Great Lakes Dismantling at a cost of $5,090.00, relating to 59 Bardol Front and Rear, to Integrated Waste Special Services at a cost of $8,280.00, relating to 757 Broadway, to Integrated Waste Special Services at a cost of $4,680.00, relating to 2214 Fillmore, to Integrated Waste Special Services at a cost of $7,550.00, relating to 112 Strauss Front and Rear, to Great Lakes Dismantling at a cost of $6,138.00, relating to 203 Grey Front and Rear, to Integrated Waste Special Services at a cost of $4,200.00, relating to 140 Hastings and Garage, to Great Lakes Dismantling at a cost of $4,540.00, relating to 40 Langmeyer, to Great Lakes Dismantling at a cost of $10,075.00, relating to 136 Adams Front and Rear, to Great Lakes Dismantling at a cost of $5,000.00, relating to 393 Walnut, to Integrated Waste Special Services at a cost of $4,250.00, relating to 563 Broadway, are hereby confirmed, ratified and approved, with said cost to be charged against Special Assessment Fund 500-000-002-00000, and that said cost shall be collected against the owner or person in possession of the premises and/or shall be assessed against the property benefitted, in accordance with Chapter 113, of the Ordinances of the City of Buffalo. PASSED. AYES- 13 NOES- 0. No. 65 Report of Emergency Demolitions Due to the very serious and hazardous condition of the properties listed below, inspections were conducted by this department and it was determined that immediate action was necessary due to (1) the structural condition of the building and/or (2) the resulting dangerous and hazardous condition which exists at the various locations, i.e., in accordance with guidelines outlined in Chapter 113 of the Ordinances of the City of Buffalo. Please be advised, therefore, that offers to demolish were solicited on June 22, 1993 and that the contracts will be awarded to the lowest responsible bidder: ADDRESS/OWNER CONTRACTOR/AMOUNT OF BID 180 Jewett Garage only Lebis Enterprises Inc. City of Buffalo $1400.00 647 Sherman Garage only Lebis Enterprises Inc. City of Buffalo $1400.00 We, therefore, respectfully report to your Honorable Body that the cost of the projects is to be charged to the Capital Project Fund #200-241-002-00000. Mr. Fahey moved: That the communication from the Department of Inspections and Community Revitalization, dated June 30, 1993, be received and filed; and That the award by the Commissioner of Inspections and Community Revitalization of an emergency demolition contract to Lebis Enterprises Inc. at a cost of $1,400.00, relating to 180 Jewett Garage only, to Lebis Enterprises Inc. at a cost of $1,400.00, relating to 647 Sherman Garage only, are hereby confirmed, ratified and approved, with said cost to be charged against Special Assessment Fund 500-000-002-00000, and that said cost shall be collected against the owner or person in possession of the premises and/or shall be assessed against the property benefitted, in accordance with Chapter 113, of the Ordinances of the City of Buffalo. PASSED. AYES- 13 NOES- 0. No. 66 Ellicott Mall Redevelopment In anticipation of Your Honorable Body enacting an ordinance making available tax exemptions for low-income turnkey/enhanced housing projects, I am herewith recommending to you a tax exemption proposal for the Ellicott Mall Partnership's redevelopment of 211 Eagle Street (Tower #5). Specifically, and as permitted by the ordinance proposal before you and Private Housing Finance Law Articles 5 and 11, the project would be granted an exemption from City real property taxes to an extent as may be necessary to reduce City real property taxes to an annual base amount of $6,300.00. Such exemption would be subject to the following conditions: 1. That 211 Eagle Street (Tower #5) be redeveloped in accord with the provisions of Private Housing Finance Law Articles 5, 11 and/or XVIII-A and such redevelopment be completed by 12/1/94. 2. That 211 Eagle Street, upon completion, be used for low-income housing in accord with Private Housing Finance Law Articles 5, 11 and/or XVIII-A for the term of the tax exemption and be maintained in compliance with applicable City Building Codes. 3. That said exemption be for a term concurrent with the property's continued use in accord with said Private Housing Finance Law Articles 5, 11 and/or XVIII-A, but in no event for a period of more than forty (40) years. 4. That said base annual amount be adjusted by the Commissioner of Inspections and Community Revitalization every five (5) years proportionate to increase in rents and expenses of the property, provided, however, in no event shall the taxes be adjusted below the base annual amount. 5. That the owner of the property shall provide to the Commissioner of Assessment and to the Commissioner of Inspections and Community Revitalization an annual certification of the property's continued use in accord with Private Housing Finance Law Articles 5, 11 and/or XVIII-A and a copy of such annual audit and report as may be required by the State of New York pursuant to such Articles. Attached please find an approving resolution for your immediate consideration so that the financing of this project can proceed prior to September 1, 1993. RECEIVED AND FILED. FROM THE COMMISSIONER OF ADMINISTRATION AND FINANCE No. 67 Salary Ordinance Amendment - Police Res. #183, CCP March 16, 1993 The above item was referred to this office for a response. A Parking Enforcement employee, Ted Kniazuk laborer, is currently collecting the money from the parking meters. He is on loan to the Division of the Treasury. RECEIVED AND FILED. No. 68 City of Buffalo Parking Violations Summons For Information Purposes Attached is a facsimile of the parking summons generated by the handheld computer. The Computer has a laser bar code reader that will scan the registration sticker and extract the identification elements required on a parking summons. The reverse side of the summons includes payment and hearing information. Sixteen Parking Enforcement Officers will be equipped with a handheld computer. We anticipate implementation of the State of the Art equipment August 1, 1993. RECEIVED AND FILED. No. 69 Ordinance Amendment Ch. 35 -Hospital Medical Insurance Res. 166 C.C.P. July 6, 1993 At the Civil Service Committee Meeting on July 13, 1993 I spoke at some length explaining the above referenced ordinance amendment. At that time, the Committee asked me to file with the Council for this meeting. a written explanation of how the employee deductions would change if this amendment were adopted. Basically, if this ordinance amendment were adopted you would be replacing the Blue Cross/Blue Shield Plan which the Elected and Exempt Employees now have with the all Blue Cross Plan recently agreed to by the PBA. The major changes would be an increase in the Drug Card co-pay from $3 to $9, and an increase in the Major Medical deductible from $50/$100 to $100/200. The City would purchase a $500/$1,000 deductible Major Medical from Blue Cross, and self-insure the difference between $100/$200 and $500/$1,000. If the ordinance amendment were adopted, the new deductions for Elected and Exempt employees would become: Blue Cross Ind. Health Community Blue H.C.P. Single 39.87 -0 23.58 4.54 Family 4.43 2.08 57.23 -0- REFERRED TO THE COMMITTEE ON CIVIL SERVICE. No. 70 Certificate of Appointment Appointment effective May 21, 1993 in the Department of Administration & Finance, Division of Treasury, Ronald N. Lunghino, 126 Eller Avenue Buffalo, New York 14211, to the position of Teller, Permanent, at the intermediate starting salary of $21,687.00. REFERRED TO THE COMMITTEE ON CIVIL SERVICE. FROM THE COMMISSIONER OF HUMAN RESOURCES No. 71 Certificate of Appointment Appointment effective July 5, 1993 in the Department of Human Resources, Division of Substance Abuse Services, Sharon A. Fay 147 Ramona Ave., Buffalo 14220, to the position of Stenographer, Temporary, at the Intermediate starting salary of $20,753. REFERRED TO THE COMMITTEE ON CIVIL SERVICE. No. 72 Certificate of Appointment Appointment effective July 5, 1993 in the Department of Human Resources, Division of Substance Abuse Services, Nathanial J. Harbin II, 411 Emslie St., Buffalo 14206, to the position of Counselor III Provisional, at the Maximum starting salary of $25,222. REFERRED TO THE COMMITTEE ON CIVIL SERVICE. No. 73 Certificate of Appointment Appointment effective July 1, 1993 the Department of Human Resources Division of Youth, Diane Makey, 218 Geary Street, Buffalo, 14210 to the position of Youth Counselor, Permanent, at the Intermediate starting salary of $ 29,849. REFERRED TO THE COMMITTEE ON CIVIL SERVICE. No. 74 Certificate of Appointment Appointment effective July 1, 1993, in the Department of Human Resources, Division of Youth, Bridget Tychinski, 127 Weyand Street Buffalo, 14210, to position of Youth Counselor, Permanent, at the Intermediate Starting Salary of $31,000. REFERRED TO THE COMMITTEE ON CIVIL SERVICE. FROM THE CIVIL SERVICE COMMISSION No. 75 Personnel Specialist I I am in receipt of Kaaren Luparello Lynch's communication of July 13, 1993, requesting the salary for each employee under the title of Personnel Specialist I Trainee. Please be advised that the salary for Phyllis Gerard and Barbara Slisz employed as Personnel Specialist I Trainee was $28,374.00 through June 30, 1993. Effective July 1, 1993, they were promoted to the position of Personnel Specialist I at the maximum starting salary of $30,370.00. Steps for Personnel Specialist I are as follows: Step I $26,031.00 Step II 27,112.00 Step III 28,194.00 Step IV 29,281.00 Step V 30,370.00 I trust this satisfies your request. If you should need anything further, please contact me. RECEIVED AND FILED. FROM THE BUFFALO MUNICIPAL HOUSING AUTHORITY No. 76 Reestablish Task Force on Landlord-Tenant Relations and Housing Conditions Item No. 128, 06/08/93 The Common Council, by Resolution 128 calling for the reestablishment of a Task Force on Landlord-Tenant Relations, which was adopted at the Session held on June 8, 1993, requested that the Buffalo Municipal Housing Authority designate a representative to the Task Force. Pursuant to your request, the Buffalo Municipal Housing Authority hereby designates Susan M. Grzechowiak, Director of the Management Department, as its representative, and files this appointment with the City Clerk. RECEIVED AND FILED. FROM THE CITY CLERK No. 77 Reconsider Action Eliminating Summer Hours I am requesting the Common Council reconsider its action on the elimination of summer hours for the staff employees. In conversations with various Councilmembers I have outlined the problems caused by this directive. Mr. Fahey moved to receive and file the above item; seconded by Mr. Zuchlewski. LOST. AYES- AMOS, BAKOS, FAHEY, HIGGINS, ZUCHLEWSKI- 5. NOES- ARTHUR, BELL, COLLINS, COPPOLA, FRANCZYK, LOTEMPIO, PERLA, PITTS- 8. Mr. Pitts now moved the approval of the above item; seconded by Mr. Coppola. ADOPTED. AYES- ARTHUR, COLLINS, COPPOLA, FRANCZYK, LOTEMPIO, PERLA, PITTS- 7. NOES- AMOS, BAKOS, BELL, FAHEY, HIGGINS, ZUCHLEWSKI- 6. No. 78 Claim- Price Waterhouse Contract For Housing Preservation Study (Item No. 179, CCP, 4/13/93) On April 13, 1993 the Council approved a resolution accepting the RFP by Price Waterhouse to conduct a Housing Preservation Study in the city of Buffalo. Due to a technical error the contract was never executed by Price Waterhouse began work on this project and has submitted a bill for $15,000. Since this is a prior fiscal year expense it will have to be paid from the claims account. Your attention in this matter is appreciated. REFERRED TO THE COMMITTEE ON CLAIMS. No. 79 Auto Allowance The following departments have filed the required certificate relative to the granting of automobile transportation allowances for employees in their respective departments: Division of Real Estate- John Hannon, Donald Morris RECEIVED AND FILED. No. 80 Liquor License Applications Attached hereto are communications from persons applying for liquor licenses from the Erie County Alcohol Beverage Control Board. Address Business Name Owner's Name 3151 Main St. Tracy St. Productions, Inc. 350 Main St. The City Club Main Tower Nightclub, Inc. RECEIVED AND FILED. No. 81 Leaves of Absence Without Pay I transmit herewith notifications received by me, reporting the granting of the leaves of absence without pay, in the various departments as listed: Comptroller- Maria C. Kozlowski Street Sanitation- Joseph Tomasulo Administration and Finance- Frederick Boivin Human Resources- Nathanial Harbin RECEIVED AND FILED. No. 82 Reports of Attendance I transmit herewith communications received by me, from the various boards, commissions, agencies and authorities reporting the membership attendance at their respective meetings: Records Management Board City Planning Board Municipal Housing Authority RECEIVED AND FILED. No. 83 Notices of Appointments Council Interns I transmit herewith appointments to the position of Council Intern. Mr. Fahey moved the approval of the appointments to the position of Council Intern. ADOPTED. Appointment effective July 6,1993 in the Department of Common Council to the position of Intern II, Seasonal, at the Flat starting salary of $4.25 hour. Dale Napierski, 18 Rutland, Buffalo, NY 14220 Allison Norton, 312 Okell, Buffalo, NY 14220 Ryan Shanahan, 84 Strathmore, Buffalo, NY 14220 Ryan Sullivan, 425 Eden , Buffalo, NY 14220 Anthony Szynkowiak, 55 Trowbridge, Buffalo, NY 14220 Shannon Allman, 48 Kimberly, Buffalo, NY 14220 Mollie Corbett, 47 McKinley Pkwy., Buffalo, NY 14220 Patrick Gibbons, 53 Macamley, Buffalo, NY 14220 Jonathan Guzzo, 244 Cumberland, Buffalo, NY 14220 Tim Hart, 91 Portland, Buffalo, NY 14220 Daniel Leonard, 32 Stevenson, Buffalo, NY 14220 Sean McCarthy, 376 McKinley Pkwy., Buffalo, NY 14220 Diana Wood, 12 Phyllis, Buffalo NY 14215 Vonetta Rhodes, 196 Madison, Buffalo, NY 14206 Michelle Abounader, 393 Richmond, Buffalo, NY 14222 Toby Ivey, 221 Highgate, Buffalo, NY 14215 Chris Pellicci, 394 Potomac, Buffalo, NY 14213 Lyndon Banmally, 52 Person, Buffalo, NY 14209 Dawn M. Kurcz, 56 Sirrett, Buffalo, NY 14220 Ray Baker, 227 Woodward, Buffalo, NY 14214 Tom Vanderlip, 50 Pomona, Buffalo, NY 14210 Vincent Gregory, 96 Saranac, Buffalo, NY 14216 Michael Krzemien, 159 Cantwell, Buffalo, NY 14220 Leah V. LoVallo, 12 Wellington, Buffalo, NY 14216 Tamika D. Wiggins, 43 Montclair, Buffalo, NY 14215 Eric Williams, 33 Montrose, Buffalo, NY 14214 Joseph Baran, 64 Vernon Pl., Buffalo, NY 14214 Aisha Barnes, 85 Jewett Pkwy., Buffalo, NY 14214 Sheila Bulluck, 38 Orchard Pl., Buffalo, NY 14214 Jennifer Calderone, 257 Villa, Buffalo, NY 14216 Gretchen Gerstle, 210 Starin, Buffalo, NY 14214 Vanessa Lang, 145 Crescent, Buffalo, NY 14214 Kelly Leone, 146 Frontenac, Buffalo, NY 14216 Janel Szalasny, 996 Kensington, Buffalo, NY 14215 David Wasiura, 107 Rosedale, Buffalo, NY 14207 Kidada Wilson, 560 Riley, Buffalo, NY 14208 Tabitha Ngwashi, 265 Lisbon, Buffalo, NY 14215 Khali Peoples, 79 Roehrer, Buffalo, NY 14208 Jocelyn Platt, 59 Admiral, Buffalo, NY 14216 Latesha Samuel, 144 Krettner, Buffalo, NY 14206 Tramaine Sims, 63 Erskine, Buffalo, NY 14215 Yolanda Sims, 415 Eggert, Buffalo, NY 14215 Danielle Smiley, 50 Brunswick, Buffalo, NY 14208 Dorian Forbes, 560 Riley, Buffalo, NY 14208 James Hawkins, 373 Urban, Buffalo, NY 14211 Miguel Hernandez, 191 Roslyn, Buffalo, NY 14215 Atasha Johnson, 254 Loring, Buffalo, NY 14214 Stacey King, 48 Fernhill, Buffalo, NY 14215 Anthony Mahiques, 108 Rosedale, Buffalo, NY 14207 Henry Nance, 162 N. Parade, Buffalo, NY 14211 Chuki Ayers, 324 Jewett, Buffalo, NY 14214 Kevin Baldon, 520 E. Ferry, Buffalo, NY 14215 Robert Barnette, 214 Florida, Buffalo, NY 14208 Myron Chapman, 47 Courtland, Buffalo, NY 14215 Isaiah Faines, 67 Colfax, Buffalo, NY 14215 Carolyn Fisher, 45 Olympic, Buffalo, NY 14215 Sarah Fix, 109 Winston, Buffalo, NY 14216 Deana LoVallo, 12 Wellington, Buffalo, NY 14216 Christine Short, 118 Weaver, Buffalo, NY 14206 Sarah Palmer, 144 Woodbridge, Buffalo, NY 14214 Anthony Caferro, 150 Woodside, Buffalo, NY 14220 Melissa Morris, 174 St. Lawrence, Buffalo, NY 14216 Jennifer Rine, 499 Fargo, Buffalo, NY 14213 Steven Marchiano, 120 Grace, Buffalo, NY 14207 Cynthia Vrandenburg, 126 Smith, Buffalo, NY 14210 Chad Brill, 625 Fulton, Buffalo, NY 14210 James Rokitka, 461 S. Ogden, Buffalo, NY 14206 Michael Sasiadek, 325 Davey, Buffalo, NY 14206 Sharon Meredith, 86 Troupe, Buffalo, NY 14210 Steven Panikowski, 112 Walter, Buffalo NY 14210 Lawson Garrison ,Jr., 69 Leslie, Buffalo, NY 14211 Lisa Brice, 329 Dewey, Buffalo, NY 14214 Maurice Curry, 69 Courtland, Buffalo, NY 14215 Eddie Hamilton, 637 Norfolk, Buffalo, NY 14215 Derrick Humphrey, 215 Maple, Buffalo, NY 14204 Diana Lash, 18 Durham, Buffalo, NY 14215 Nakisha McKnight, 357 Landon, Buffalo, NY 14211 James Pugh, 37 Easton, Buffalo, NY 14215 Sabrina Williams, 78 Fargo, Buffalo, NY 14201 Kai Redmond, 187 East Delavan, Buffalo, NY 14208 Naim Ramadham Rahman, 138 East Utica, Buffalo, NY 14209 Abdul Halim, 92 Ericson, Buffalo, NY 14215 Latoya Young, 98 Decker, Buffalo, NY 14215 La'Keemon Dixon, 250 LaSalle, Buffalo, NY 14215 Jesse Mendyk, 495 Berkshire, Buffalo, NY 14215 Johnny Grayson, 51 Langfield, Buffalo, NY 14215 Tamika Liggans, 227 Stockbridge, Buffalo, NY 14215 Christopher Walters, 140 Heath, Buffalo, NY 14214 Tamara Jones, 37 Hastings, Buffalo, NY 14215 Kevin Stevens, 195 Olympic, Buffalo, NY 14215 Antonio Coleman, 582 Northland, Buffalo, NY 14211 Tamika Whetstone, 20 Millicent, Buffalo, NY 14215 Marily McClendon, 247 A Langfield, Buffalo, NY 14215 Janene Jackson, 26 Proctor, Buffalo, NY 14215 James Rasheim Haslam, 16 Norma, Buffalo, NY 14214 Talisa Monae Winfield, 91 Davidson, Buffalo, NY 14215 Calvin Baxter II, 144 Huntley, Buffalo, NY 14215 Mario Rozier, 250 Stockbridge, Buffalo, NY 14215 Janine E. Bineyard, 164 E. Delavan, Buffalo, NY 14208 Jeffrey Conrad, 128 Harding, Buffalo, NY 14220 Lynn M. Gannon, 299 Cumberland, Buffalo, NY 14220 Christopher Kennedy, 462 Hewitt, Buffalo, NY 14215 Maureen F. Leavy, 22 Kentucky, Buffalo, NY 14204 William Mendola, 23 Benzinger, Buffalo, NY 14206 Herlinda E. Ortiz, 572 Colvin, Buffalo, NY 14216 Greg Dudek, 205 Crestwood, Buffalo, NY 14216 Eboni Chillis, 278 Parker, Buffalo, NY 14215 Joseph Agro, 540 Tacoma, Buffalo, NY 14216 Tracy C. Singletary III, 28 Castle, Buffalo, NY 14214 Akia-Oni Day, 91 Wright, Buffalo, NY 14215 Antwane Washington, 91 St. Louis, Buffalo, NY 14211 Deidre Wimbley 141 Wyoming , Buffalo, NY 14215 Joseph Baran, 85 Woodward, Buffalo, NY 14214 Mary Elizabeth Remollino, 112 Fairfield, Buffalo, NY 14214 Robyn Richardson, 688 Crescent, Buffalo, NY 14216 Yvette Rodgers, 80 Vernon, Buffalo, NY 14214 Christina Sciandra, 706 Tacoma, Buffalo, NY 14216 Karen Smith, 388 Crescent, Buffalo, NY 14214 Barbara Tomasello, 158 Huntington, Buffalo, NY 14214 Donald Pieczynski, 17 Krakow, Buffalo, New York 14206 Kristin A. Potoczak, 43 Campbell, Buffalo, NY 14216 Brian G. Purcell, 27 Athol, Buffalo, NY 14220 Kelley C. Russell, 330 Jewett, Buffalo, NY 14214 Brian C. Scanlon, 201 Cumberland, Buffalo, NY 14220 James M. Sumbrum, 22 O'Connell, Buffalo, NY 14204 Angelo J. Vacanti, 414 Parker, Buffalo, NY 14216 Monique Johnson, 10 Seventh St., Buffalo, NY 14201 Kione Wiley, 146 Shirley, Buffalo, NY 14215 Luke Dahn, 44 Poultney, Buffalo, NY 14215 Shawn Gourdine, 7 Palos, Buffalo, NY 14215 Shawna Gourdine, 7 Palos, Buffalo, NY 14215 Trevor Reid, 303 Richmond, Buffalo, NY 14222 Brandi L. Miskovski, 35 N. Ryan, Buffalo, NY 14210 Danielle King, 25 Benzinger, Buffalo, NY 14206 Rafat Mohamed, 669 Walden, Buffalo, NY 14211 Emily Ball, 21 Elam, Buffalo, NY 14214 Maria Michaux, 222 Taunton, Buffalo, NY 14216 Fred Edwards, 108 Westminister, Buffalo, NY 14215 Gina Verbocy, 96 Marion, Buffalo, NY 14207 Charles L. Davis, 979 Northland, Buffalo, NY 14215 Bryant Martin, 535 Goodyear, Buffalo, NY 14211 Hadley E. Pawlak, 634 Amherst, Buffalo, NY 14207 Nadivah Rashada, 79 Bissell, Buffalo, NY 14211 Elizabeth Hinterberger, 86 Philadelphia, Buffalo, NY 14207 Joseph DiGaetano, 49 Belmont, Buffalo, NY 14207 Joseph McMahon, 81 Briggs, Buffalo, NY 14207 Melissa Dodd, 106 Bidwell, Buffalo, NY 14222 Jason Howe, 1975 Niagara, Buffalo, NY 14207 Frank Smith, 87 Beatrice, Buffalo, NY 14207 Jesse Wilkinson, 83 Philadelphia, Buffalo, NY 14207 Dennis Chapman, 37 Heward, Buffalo, NY 14207 James Paul, 44 Pavonia, Buffalo, NY 14207 Jonathan Quinn, 132 Ontario, Buffalo, NY 14207 Summer DeBenedetti, 215 Military, Buffalo, NY 14207 Mark Dovey, 75 Roesch, Buffalo, NY 14207 Jason Orlando, 142 Roesch, Buffalo, NY 14207 Eugene Pohancsek, 91 Albert, Buffalo, NY 14207 Brian Sciortino, 351 Hampshire, Buffalo, NY 14213 Appointment effective July 7, 1993 in the Department of Common Council to the position of Intern II, Seasonal, at the Flat starting salary of $4.25 hour. Saeed Abdul-Nafi, 119 Chester, Buffalo, NY 14209 Hassan Bass, 138 E. Utica, Buffalo, N.Y. 14209 Tamika Potts, 41 Rich, Buffalo, NY 14211 Kristal Gillette, 81 Ferhill, Buffalo, NY 14215 William Washington, 68 Bennet Village, Buffalo, NY 14214 Michelle Moore, 17 E. Delevan, Buffalo, NY 14214 Laqueita Bailey, 98 Manhattan, Buffalo, NY 14215 Diallo SK Johnson, 72 Schauf, Buffalo, NY 14211 Danette Roberts, 134 E. Delavan, Buffalo, NY 14208 Samuel Turner, 21 Gesl, Buffalo, NY 14214 Tracy Reynolds, 201 Ericson, Buffalo, NY 14215 Shekuira Feaster, 118 N. Parade, Buffalo, NY 14211 Jermaine Washington, 23 Blake, Buffalo, NY 14211 Melvin Wilson, 557 Best, Buffalo, NY 14208 Greg Burke, 184 Goulding, Buffalo, NY 14208 Jamar Hennings, 66 Whitney, Buffalo, NY 14201 Felix McGhee, 435 Dartmouth, Buffalo, NY 14215 Candace Reynolds, 8 Cambridge, Buffalo, NY 14204 Wilbur Fletcher, 89 Goodyear, Buffalo, NY 14212 Kenny Denning, 281 Sumner, Buffalo, NY 14211 Justin Laguerre, 67 Monroe, Buffalo, NY 14206 Jason Chapman, 167 Goulding, Buffalo, NY 14208 Aaron D. Bluntt, 69 Blaine, Buffalo, NY 14208 John Smith, 56 Hedley, Buffalo, NY 14208 Leland Davis, 19 Bennett Village, Buffalo, NY 14214 Marshaun Quinniey, 201 Laurel, Buffalo, NY 14208 Marlena Williams, 256 E. Delavan, Buffalo, NY 14208 Ricky Diaz, 230 West Utica, Buffalo, NY 14203 Nadiyah Horner, 69 Phyllis, Buffalo, NY 14215 Dean S. Owens, 240 Northland, Buffalo, NY 14215 Damon L. McBride, 468 Cornwall, Buffalo, NY 14215 Appointment effective July 8, 1993 in the Department of Common Council to the position of Intern II, Seasonal, at the Flat starting salary of $4.25 hour. Sonya Lewis, 206 Hempstead, Buffalo, NY 14215 Christian C. Young, 284 Edison, Buffalo, NY 14215 Sidney Brown, 400 Capen, Buffalo NY 14226 Jessika Miner, 72 Schauf, Buffalo NY 14211 Lakee Flunder, 440 Olympic, Buffalo, 14215 Michelle M. Malesky, 270 East St., Buffalo, NY 14207 Appointment effective July 9, 1993 in the Department of City Clerk to the position of Intern II, Seasonal, at the Flat starting salary of $4.25 hour. Tod Kniazuk, 316 Willett, Buffalo, NY 14206 Maurice Becchia 666 Eggert, Buffalo, NY 14215 Stephen B. May, 33 Beatrice, Buffalo, NY 14207 Tina Hall, 45 Olympic, Buffalo, NY 14215 Appointment effective July 12 1993 in the Department of Common Council to the position of Intern II, Seasonal, at the flat starting salary of $4.25 per hour. Devin White, 756 East Amherst, Buffalo, NY 14215 Tara Dixon, 144 Blaine, Buffalo, NY 14208 Jason Kline, 102 Ullman, Buffalo, NY 14216 Bertia Swans, 84 Parkridge, Buffalo, NY 14215 Michael Miller, 169 Landon, Buffalo, NY 14208 Appointment effective July 13, 1993 in the Department of City Clerk, to the position of Intern II, Seasonal, at the flat starting salary of $4.25 per hour. Sandra Dixon, 144 Sweet, Buffalo, NY 14212 Jerome J. Holloway, 26 Woodward, Buffalo, NY 14214 Raymond Leidenfrost, 138-C Lawn, Buffalo, NY, 14207 Appointment effective July 14, 1993 in the Department of Common Council, Nathaniel Boles, 9 Hedley Place, Buffalo, New York 14208, to the position of Intern II, Seasonal, at the Flat starting salary of $4.25 per hour. Appointment effective July 15, 1993 in the Department of Common Council, to the position of Intern II, Seasonal, at the Flat starting salary of $4.25 per hour. James Turner, 215 Bissell, Buffalo, NY 14211 Jamal Land, 153 Chester, Buffalo, NY 14208 Appointment effective July 6, 1993 in the Department of City Clerk to the position of Intern III, Seasonal, at the Flat starting salary of $5.00 per hour. Jerica Arroyo, 153 15th St., Buffalo, NY 14213 Suhail Garcia, 194 14th St., Buffalo, NY 14213 Samantha Fasolino, 208 Lexington, Buffalo, NY 14222 Angelica Melendez, 206 Prospect, Buffalo, NY 14201 Eric Bauth, 45 Dart, Buffalo, NY 14213 Daniel Edwards, 124 Wecker, Buffalo, NY 14215 Bryon Daniels, 46 Kerns, Buffalo, NY 14211 Tommie Goode, 294 May, Buffalo, NY 14211 Diane Lemanski, 126 Peabody, Buffalo, NY 14210 Gerianne Dobmeier, 46 Dempster, Buffalo, NY 14206 Dustin Domhart, 218 Gold, Buffalo, NY 14206 Michael J. Kon, 504 Fillmore, Buffalo, NY 14206 Jorden Mendyk, 495 Berkshire, Buffalo, NY 14215 Frank Licata, 173 Claremont, Buffalo, NY 14222 Graham Violino, 25 Irving, Buffalo, NY 14201 Nicole Savage, 107 West Ferry, Buffalo, NY 14213 Robert Carlson 36 Lafayette, Buffalo, NY 14213 Lou Ann Loubert, 906 Prospect, Buffalo NY 14213 Jose Ruiz, 825 Prospect, Buffalo, NY 14213 Terrill Ware, 288 15th St., Buffalo, NY 14213 Appointment effective July 7, 1993 in the Department of Common Council to the position of Intern III, Seasonal, at the Flat starting salary of $5.00 per hour. Tashika Monique Turner, 94 Oneida, Buffalo, NY 14206 Rebecca Cumings, 310 Wyoming, Buffalo, NY 14215 Appointment effective July 6,1993 in the Department of Common Council to the position of Intern IV, Seasonal, at the Flat starting salary of $6.00 per hour. Damion T. Diggs, 284 Hempstead, Buffalo, NY 14215 Thomas C. LoTempio, 59 Shoshone, Buffalo, NY 14214 No. 84 Notices of Appointments I transmit herewith communications received by me, reporting the appointments made in the various departments at the minimum, flat or hourly rate. REFERRED TO THE COMMITTEE ON CIVIL SERVICE. FROM THE DEPARTMENT OF AUDIT & CONTROL Appointment effective July 12, 1993 in the Department of Audit and Control, Division of Accounting, Patricia M. Marino, 95 Columbus Buffalo NY 14220, to the position of Senior Accountant, Temporary, at the Minimum starting salary of $29,176. FROM THE PARKS DEPARTMENT Appointment effective July 8, 1993 in the Department of Parks Division of Recreation, Thomas M. Long, 14 Yale Place, Buffalo 14210, to the position of Fee Collector, Seasonal, at the Minimum starting salary of $ 4.94 per hour. Appointment effective July 1,1993 in the Department of Parks, Division of Recreation, to the position of Lifeguard, Seasonal, at the Minimum starting salary of $5.20 per hour. Juan Feliciano, 418 Fargo, Buffalo 14213 Kevin Murphy, 21 Turner, Buffalo 14220 Daniel Rodriquez, 235 Voorhees, Buffalo 14214 Appointment effective July 6, 1993 in the Department of Parks, Division of Recreation to the position of Lifeguard, Seasonal, at the minimum starting salary of $5.20 per hour. Michael Fitzpatrick, 324 Downing, Buffalo 14220 Gregory Harris, 543 Winslow, Buffalo 14211 Rolf Westad, 3442 Main, Buffalo 14214 Appointment effective July 8, 1993 in the Department of Parks, Division of Recreation to the position of Lifeguard, Seasonal at the Minimum starting salary of $5.20 per hour. Jasen Cecci, 34 Bremmen, Buffalo 14213 Louis Dingeldey, 48 Sage, Buffalo, NY 14210 Rick Kleinsmith, 202 Mariemont, Buffalo, NY 14220 Pablo Martinez, 74 Dewitt, Buffalo, NY 14213 Christopher McCabe, 8 Britt, Buffalo, NY 14220 Cory McCallister, 424 Dorrance, Buffalo, NY 14220 Thomas Nolan, 219 Anderson, Buffalo, NY 14222 Shannon O'Connor, 81 Bloomfield, Buffalo, NY 14220 Eric Quinlivan, 358 Starin, Buffalo, NY 14216 Warren Hawthorn, 1025 Tifft, Buffalo, NY 14220 Kevin Fischer, 127 Densmore, Buffalo 14220 Jose Ramirez, 576 7th St., Buffalo, NY 14201 Regan Marsh, 45 Nottingham, Buffalo, NY 14216 Erika Ryan, 757 West St., Buffalo, NY 14213 Danielle Ufland, 206 Amber, Buffalo, NY 14220 Alicia Ventresca, 84 Lorraine, Buffalo, NY 14220 David Zachery, 102 Laurel, Buffalo, NY 14209 Kelly O'Connell, 340 Cumberland, Buffalo, NY 14220 Appointment effective July 12, 1993 in the Department of Parks, Division of Recreation to the position of Lifeguard, Seasonal at the Minimum starting salary of $ 5.20 per hour. Jonathan Holmer, 231 Longnecker, Buffalo, 14206 Laura McKenica, 800 Tonawanda, Buffalo, 14207 Shawn P. Flaherty, 423 Forest, Buffalo 14213 FROM THE POLICE DEPARTMENT Appointment effective May 7, 1993 in the Department of Police Jeanne Marinaccio, 420 W Delevan Street, Buffalo 14213 to the position of Civilian School Crossing Guard TSAR Seasonal, at the Minimum starting salary of $5.49 hr. Appointment effective June 26, 1993 in the Department of Police, Gail W. Allen, 19 Deer Path Drive, Lancaster 14086 to the position of Police Lieutenant, Permanent, at the Flat starting salary of $ 40,019. Appointment effective June 26, 1993 in the Department of Police, Patrick W. Reichmuth, 1160-1 Indian Church Road West Seneca 14224, to the position of Police Lieutenant, Contingent Permanent, at the Flat starting salary of $40,019. FROM THE DEPARTMENT OF STREET SANITATION Appointment effective July 5, 1993 in the Department of Street Sanitation Jermaine L Thompson, 50 Barthel, Buffalo, NY 14211 to the position of Laborer II, Seasonal, at the Flat starting salary of $6.92 per hour. FROM THE DEPARTMENT OF HUMAN RESOURCES Appointment effective July 12 1993 in the Department of Human Resources, Division of Youth, Sylvia Sherry, 674 Fulton Buffalo, 14210, to the position of Attendant, Temporary, at the Flat starting salary of $4.25/hr. Appointment effective July 7, 1993 in the Department of Human Resources, Division of Youth, Michelle Enright, 195 Maurice Street, Buffalo 14210, to the position of Youth Worker, Temporary at the Flat starting salary of $ 4.42/hr. Appointment effective July 14,1993 in the Department of Human Resources, Division of Youth, Clare Rajewski, 115 Quincy Buffalo, 14212, to the position of Lifeguard, Temporary, at the Flat starting salary of $5.20/hr. Appointment effective July 6, 1993 in the Department of Human Resources, Division of Youth, Lisa Mackovic, 161 Marine Drive, Apt 8D Buffalo, 14202 to the position of Senior Youth Worker, Temporary at the Flat starting salary of $5.46 hr. Appointment effective July 7, 1993 in the Department of Human Resources, Division of Youth, to the position of Community Aide, Temporary, at the Flat starting salary of $5.46 hr. Delores Bell, 126 E. Utica St., Buffalo, 14209 Kenneth Stroud, 139 Arden Ave., Buffalo, 14215 Appointment effective July 6, 1993 in the Department of Human Resources, Division of Youth, Joseph Molloy, 262 Eden Street, Buffalo 14220, to the position of Supervisor of Youth Worker, Temporary, at the Flat starting salary of $6.27 hr. Appointment effective July 7, 1993 in the Department of Human Resources, Division of Youth, Paul Feltman, 305 Bedford Avenue, Buffalo, 14216 to the position of Supervisor of Youth Workers, Temporary, at the Flat starting salary of $ 6.27 hr. Appointment effective July 7, 1993 in the Department of Human Resources, Division of Youth, Willard Anderson, 222 Mulberry Street, Buffalo, 14204, to the position of Community Field Worker Temporary, at the Flat starting salary of $ 6.55 hr. FROM THE DEPARTMENT OF GENERAL SERVICES Appointment effective July 3, 1993 in the Department of General Services, Division of Inventory & Stores, Dennis Vitale, 143 Saranac Ave., Buffalo, 14216, to the position of Laborer II, Seasonal, at the Flat starting salary of $6.91 Hr. NON-OFFICIAL COMMUNICATIONS, PETITIONS AND REMONSTRANCES NON-OFFICIAL COMMUNICATIONS No. 85 BUFFALO ENTERPRISE DEVELOPMENT CORP. Audit Report Thru 12/31/92 Pursuant to the Charter and Ordinances of the City of Buffalo, Article IV - City Development Agencies - Section 6-23, we are hereby submitting a copy of an audited financial statement for Development Downtown, Inc. for the year ending December 31, 1992. REFERRED TO THE COMMITTEE ON ECONOMIC DEVELOPMENT AND THE COMPTROLLER. No. 86 BUFFALO FORGE Decision To Close Facility Your letter of June 22, 1993 on the Buffalo Forge Task Force refers. Howden has, since the announcement, met with representatives at the city, county and state level in addition to meeting with all the Buffalo Forge employees. During these meetings it was made clear, and I wish to again confirm, that we very much regret that we are not in a position to reconsider the decision to close the Buffalo Forge manufacturing facility. REFERRED TO THE COMMITTEE ON ECONOMIC DEVELOPMENT. No. 87 COUNCIL ON ALCOHOL ABUSE Survey Results I would like to express my sincere appreciation to the Buffalo Common Council for the adoption of Resolution #153 - Ban of 40 Ounce and Larger Containers of Beer and/or Liquor. The Greater Buffalo Council on Alcoholism and Substance Abuse conducted a survey of the inner city block clubs and community based organizations to determine whether the national trend of the alcohol beverage industry to target inner city youth with malt liquor advertising is occurring in Buffalo. The survey enjoyed a 21% response rate from the block clubs and a 30% response rate from the community based organizations included in the investigation. I have enclosed a copy of the findings of the survey which I ask you to pass on to the Common Council. Again, my appreciation for the support on the Council on an issue that threatens the youth of our city. REFERRED TO THE COMMITTEE ON LEGISLATION. No. 88 ETTA CZAJA Offer To Purchase 118 Fenton My husband and l would like to purchase a vacant lot located at I 18 Fenton Street.. Our intent is to build a new home for ourselves. This land is now owned by the City of Buffalo. We have been unsuccessful in purchasing other parcels of land in this area form PRZ Enterprises. I am a lifelong City of Buffalo resident and would very much like to remain so. I would appreciate your help in this matter. REFERRED TO THE COMMITTEE ON FINANCE, THE COMPTROLLER, AND THE COMMISSIONER OF COMMUNITY DEVELOPMENT. No. 89 BRIAN HIGGINS Waive Tee Time Fee- South Park Golf Club We, the members of the South Park Golf Clubs, (Men's - Senior Men's - Women's, for a combined membership of 275 golfers) formally request that the Common Council reconsider their imposition of a $50.00 an hour fee to reserve tee times for our monthly tournaments. All our members are season permit holders paying a total of $41,250 ($100 resident - $200 non-resident average of $150). Add this to the cost of our monthly tournaments for food and drink at approximately a total of $1,000 paid to the concessionaire at the club house. This comes to about $5,000 a season. You can see we support the South Park course to a tune of $46,250 a season. We can understand the council's wisdom in imposing a reserved tee fee for outside tournaments (taverns, social clubs, etc). Most of the participants in these tournaments rarely play at the course during the season and when the tournament is over they return to their respective club house or tavern for their food and drink. While these tournaments are being played the concessionaire does little or no business for two to three hours due to the fact no club members are able to play at these times. We feel if you can wave this fee for clubs originating out of the South Park Club House and representing the South. Park Golf Course, it would in no way be discriminating to any outside tournaments. As you can see by our letter head that we consider South Park Golf Course as our home course. Any local or W.N.Y. Tournaments our members play in they represent South Park. While we have written this letter in support of the South Park Club members, we feel any rescinding of fees should extend to Cazenovia Golf Course and Delaware Park Golf Course. REFERRED TO THE COMMITTEE ON FINANCE, PARKS DEPARTMENT, THE COMMISSIONER OF ADMINISTRATION AND FINANCE AND THE CORPORATION COUNSEL. No. 90 HIGH ST. PROFESSIONAL BLDG., INC. Parking For Buffalo General Hospital I am writing in response to your letter of June 22, 1993 regarding Item # 169, Use 1001 Main/796 Ellicott for parking - Buffalo General Hospital". It should be noted that the above referenced sites are owned by High Street Professional Building, Inc., which is a wholly owned affiliate of General care Corporation (the parent organization of the Buffalo General Hospital). High Street Professional Bldgs., Inc., in turn, leases the sites to Empark, Inc., NY, which is responsible for the management of the lots. In response to your specific questions, please be advised that the above-referenced parking lots are utilized by both staff and visitors of Buffalo General Hospital. Given the severe limitations on convenient parking in and around BGH area, it is our perception that the lots are used primarily by visitors. In additional, it is our understanding that parking is available through Empark, Inc. at both monthly and hourly rates. For additional rate information, please contact Empark, Inc. If you need additional information, please do not hesitate to call Mr. John Orlowski at 854-1678 or Mr. Paul Porter at 845-1983. REFERRED TO THE COMMITTEE ON ECONOMIC DEVELOPMENT. No. 91 INTEGRATED WASTE SERVICES Quarterly/Annual Reports Enclosed please find Copies of our quarterly and annual reports which we at Integrated Waste Services are required to file with the New York State Department of Environmental Conservation. This should satisfy the request of the Common Council regarding the "Request Interim Report on the City recycling Program" resolution. If we can be of further assistance, please don't hesitate to contact us. REFERRED TO THE COMMITTEE ON FINANCE. No. 92 CHRIS KREGG Complaints 911/Police Response Time I am writing this letter as a follow up to our conversation on June 23, 1993. The conversation we had involved the incident that occurred on my front porch on the evening of June 21, 1993. I was in my apartment watching the 11 P.M. news when woman came to my front porch screaming for help. She was hitting the windows so hard I thought she was going to break them. Immediately following her screams a man was also on my porch, and he began to beat the woman. He was beating her so viciously that my neighbor upstairs came down the stairs screaming my name, thinking I was being attacked. By this time I had called 911. (My first call to 911 was placed at 11:07 P.M.) I told my neighbor, I was O.K. and not to open the door, but to call 911. The beating sounded so terrible I was on the floor in my kitchen afraid that he would throw the woman through my front windows. I was still on the floor when I placed a second call to 911, five minutes may have passed between calls. The dispatcher that answered said, " We are sending a car," and hung up on me. (Each time I called, I gave my address.) I started calling anyone, just to have someone on the line to hear what was happening on my porch. I called my mother, no answer; I called a friend, no answer; I called my son, he was not at home, but his girlfriend called him on Forrest Avenue and he arrived before the police. The beating continued on my porch until the man threw the woman off of the porch and dragged her to the Mohawk Motor Inn. When the man left my porch, all of my neighbors came out of their homes. People were in their pajamas and bathrobes, and they asked if anyone in my house was hurt. Many of them said they had called 911 and wanted to know where the police were. By this time it was approximately 11:20 p.m. We waited in the street another 10 or 15 minutes until the police arrived. I would have expected them to come to my house. Instead, they went to the Mohawk Motor Inn. In our bathrobes, the neighbors and I marched up to the Mohawk and asked the police where the woman and her attacker were. The police officers claimed they couldn't find anyone in the Mohawk. I told them a woman was beaten on my porch and insisted that they come back and see the blood as proof. One of the officers came back to my porch, saw the blood, and went back to the Mohawk Inn. By this time, the fire department and an ambulance had arrived. The police went back into the Mohawk and found the woman and the man in a room. The police brought the man out in his underwear and the paramedics brought the woman out on a stretcher. Councilmember Fahey, I have two problems with how this entire situation was handled by 911 and the police officers. * First, 911 is supposed to be the number you call in an emergency, but 911 hung up on me twice in the past two weeks. Two weeks ago on June 9, I called 911 between 7 and 8 p.m. because a woman from the Mohawk was on my front porch screaming for help and trying to come into my apartment for shelter. During my third call to 911 on this particular evening, the dispatcher-- hung up on me. This was very upsetting and further reinforced my perception that my safety was not important to them. * Second, the police officers who finally responded to the call last Monday didn't seem to take the complaint seriously. I had to take them back to my front porch and show them that a crime had, in fact, been committed, otherwise they would have left and the victim might have died. As I said to Captain Comerford, Precinct 6, the officers weren't rude; they just didn't seem to care. Obviously, something is very wrong with law enforcement in the city of Buffalo. Just as disturbing, however, is that an already overburdened police department has to contend with the likes of the Mohawk Motor Inn. It is incomprehensible that the owner of the Mohawk is allowed to keep this place open and put the surrounding community at risk. There is known drug activity and prostitution taking place on the premises. I find it hard to believe that the building meets the building codes and passes inspection. The Mohawk Motor Inn is totally unacceptable in a residential neighborhood that is fighting to survive. Councilmember Fahey, the community needs your help with these problems. For the sake of the community, please find a way to improve the services we are receiving from the police department and, by whatever means possible, shut the Mohawk Motor Inn down. I am available to meet with you, and I'm sure other residents would join me, if you would like to discuss any options for reclaiming our neighborhood. Thank you for your help. REFERRED TO THE COMMITTEE ON LEGISLATION AND THE COMMISSIONER OF POLICE. No. 93 PATRICK MCDONALD Disclosure Of Loan Application By City Employee I would like to apply for the Rental Rehabilitation Program loan for my home located at 22 Payson Street, Buffalo, New York. I intend to request $6,000.00 of Program funds, with a total project cost of $12,000.00 I am employed with the Buffalo Neighborhood Revitalization Corporation, as an Affordable Housing Contract Administrator/Monitor for the new construction section of the Division of Community Revitalization. As such, I do not have any involvement with the Rental Rehab Program. This letter is being filed with Your Honorable Body, so that the Federal Public Disclosure Requirements are satisfied. RECEIVED AND FILED. No. 94 HANS MOBIUS Complaints - Ending Times For Shakespeare In The Park Per our conversation I would like to review the situation with Shakespeare in the Park. I was under the impression that the Shakespeare in the Park organization was going to start performances at 7:30 so people would leave the park no later than 10:30 PM. Since the start of the performances they have started much later the 7:30 start time and ended 11pm or later. People therefore are leaving the park after 11PM. On Friday July 16, 1993 for example, the performance ended at 11PM. This is one example, there are many more. I strongly feel that they have violated the agreement and the proper action should be taken. REFERRED TO THE COMMITTEE ON LEGISLATION, DELAWARE PARK STEERING COMMITTEE, SHAKESPEARE IN THE PARK, THE COMMISSIONER OF PUBLIC WORKS AND THE CORPORATION COUNSEL. No. 95 RICHARD MOLDENHAUER Harassment Problems 199 & 255 Delaware As a taxpayer and property owner, I am concerned with what is happening on Delaware Avenue; particularly between Huron and Tupper Streets. I own the building at 199 Delaware and the building at 255 Delaware. Similar occurrences have happened in front of and around each building over the last several months with frequencies increasing. Harassment of female employees, to include sexual harassment and indecent exposure, are not infrequent. During the last month there have been two instances where people have urinated in front of female employees at 255 Delaware. Loitering and littering on private property at 255 Delaware has been a frequent occurrence. It seems many of the local people with nothing to do hang out on the Channel 2 wall, often times drinking wine and whiskey, and harass the people employed at 255 Delaware. I have been told that similar occurrences have happened recently at 199 Delaware where the Delaware Day Care Center, as well as, DePaolo Crosby Court Stenographers are in tenancy. Two days ago, my driveway was blockaded by partiers during the afternoon. They would not leave; even when asked. This morning, July 2, 1992, my Office Manager, a 26 year old female, was about to unlock the gate of our parking lot when one of the locals started pounding on her window and screaming obscenities at her. In the past year, we have found knives in our bushes as well as broken glass in our driveway and bushes. In general, we are tired of being abused and taken for granted. I believe that all people have basic rights. I would like somebody to consider the rights of the employees of my firm and other firms as well as the rights of taxpayers. The companies at 255 Delaware employ people of a variety of races and ethnic backgrounds. My complaint has nothing to do with somebody's nationality. It has to do with human decency and respect for the rights of others. It is unfair for the city to constantly raise my taxes while allowing property values to be lowered by improper police patrolling, inadequate police protection, etc. It is only a matter of time before one of these people injure somebody psychologically, physically, or worse. I ask the city to consider what is happening to Delaware Avenue and take some action as soon as possible. REFERRED TO COMMITTEE ON LEGISLATION AND THE COMMISSIONER OF POLICE. No. 96 DONNA OLESZEK Favors New Animal Shelter I'm writing this letter to ask you to move full force on a new animal shelter for the city of Buffalo. The animals suffer while bureaucracy continues. Mr. Fahey and others have been trying to resolve this issue but to no avail. If Mr. Fahey gets a new animal shelter for Buffalo he will get my mayoral vote. All who work to get this done will definitely be remembered when election time comes around. Let not only the children at School 45 be the most vocal on this, something must be done. REFERRED TO THE COMMITTEE ON FINANCE. No. 97 NIAGARA LUTHERAN HOME AND REHABILITATION CENTER. INC. Request "Hospital Zone - Quiet" signs -Hager St. We at Niagara Lutheran Home & Rehabilitation center have an urgent request for which we respectfully request your assistance. During these hot sultry un-Buffalo-like days, our 177 elderly chronically ill residents need to be as comfortable as possible, which means leaving windows open. Hager St. is a very well traveled thoroughfare and many of the vehicles going by have extremely loud boom boxes turned to their highest pitch. Would it be possible for you to arrange to have two "QUIET - NURSING HOME" or, if such a sign is not available, "QUIET - HOSPITAL" signs erected on both sides of the street as soon as possible? it might help alleviate the problems we have been having regarding excessive noise. I would appreciate it very much if you could do this not only for the people in our care, but actually for our whole neighborhood! Thank you for your attention to this request. Mr. Fahey moved: That the communication from the Niagara Lutheran Home and Rehabilitation Center, Inc., dated July 8, 1993, be received and filed; and That the Commissioner of Public Works be and he hereby is requested to hang "Quiet - Nursing Home" signs on Hager Street near the Niagara Lutheran Home and Rehabilitation Center, Inc., to help alleviate excessive noise. ADOPTED. No. 98 WILLIAM SIDEL Introduce Bicycle Legislation Please introduce legislation requiring mandatory registration of all bicycles in the city of Buffalo. I suggest a registration fee of $2.00 to $5.00 and convenient locations for such registrations, i.e. parks, banks, fire or police stations. This registration would greatly aid police in identifying stolen bicycles immediately and would bring additional revenues to the city. There has been a significant increase in stolen bicycles in the past few years and there is no way the police can identify a stolen bicycle (non-registered) and make a proper identification of ownership. REFERRED TO COMMITTEE ON LEGISLATION, THE COMMISSIONER OF POLICE AND THE CORPORATION COUNSEL. No. 99 US DEPARTMENT OF JUSTICE Using Asset Forfeiture Monies We are in receipt of the resolution sponsored by Councilman Pitts' requesting information from the United States Attorney's Off ice as to the feasibility of utilizing moneys from the Asset Forfeiture Equitable sharing Program to fund the Buffalo Police Department's COMBAT program. Please be advised that the federal government is allowed to share federally forfeited moneys with state and local law enforcement agencies, however, the share is directly proportional to the amount of their participation in specific case investigations and prosecutions. Therefore, if a police department assists in a criminal prosecution where assets are forfeited, they may request a certain percentage of the net proceeds as their share. The law enforcement agency is then free to utilize the money for any law enforcement purpose with bust a few caveats. First, the money must increase and not supplant law enforcement resources of that specific law enforcement agency. Secondly use of the moneys to pay for basic operational expenses is strongly discouraged. Other than these two restrictions, the law enforcement agency has discretion in utilizing the moneys it received in the Equitable Sharing Program. Furthermore, I always caution law enforcement agencies to limit their reliance on equitable sharing honey due to the case specific nature of the program. In addition, the federal forfeiture program is presently being re-evaluated and it is impossible to guarantee any exact dollar figure that would be coming to the program in the future. I am enclosing a copy of a section of the Attorney General's Guide to Equitable Sharing which sets forth in a general nature the appropriate uses of the equitable sharing moneys. If you require any further information or if I can assist in any other way, please do not hesitate to contact me. REFERRED TO THE COMMITTEE ON FINANCE. No. 100 UNCLE EDDIE'S Request Temporary Closing of E. Balcom As per our telephone conversation, Tuesday, July 13, 1993, I am requesting permission from the City of Buffalo Common Council to be allowed to block off East Balcom in the near future. Our objective is to introduce our business to the City of Buffalo (our Grand Opening) with partial proceeds to benefit Women For Human Rights and Dignity. Our intentions are to set-up a tent in a lot, live entertainment on a platform and a stand for alcoholic beverages. Sites for the aforementioned are available to our organization courtesy of a business associate (American Household Moving Storage, 1665-1669 Main St.). A tentative date of Sunday, August 15, 1993 has been set and all necessary permits and insurance will be obtained in advance. Mr. Collins thank you for your attention to this matter, your help is very much appreciated. Mr. Fahey moved: That the communication from Eddie L. Davis, doing business as Uncle Eddie's, dated July 15, 1993, be received and filed; and That Eddie L. Davis, doing business as Uncle Eddie's is authorized to block off East Balcom to setup a tent in a lot, live entertainment on a platform and a stand for alcoholic beverages on or about Sunday, August 15, 1993 for a grand opening, subject to all necessary permits and insurance and any conditions required by the Commissioner of Public Works, Department of Police and the Corporation Counsel. PASSED. AYES- 13 NOES- 0. PETITIONS No. 101 Jack Adkins Ford, Inc., petition to Rezone 1177 Abbott Road from C-1 to C-2 for retail sales and parking of motor vehicles in conjunction with petitioner's car dealership. REFERRED TO THE COMMITTEE ON LEGISLATION, THE CITY PLANNING BOARD, AND THE COMMISSIONER OF COMMUNITY DEVELOPMENT. No. 102 Orazio's Italian Restaurant, petition to use 1735 Hertel Avenue to erect a one (1) story enclosed front patio. REFERRED TO THE COMMITTEE ON LEGISLATION, THE CITY PLANNING BOARD, AND THE COMMISSIONER OF COMMUNITY DEVELOPMENT. No. 103 69 Delaware Avenue, owner, petition to use 3 Niagara Sq. for pole Sign. REFERRED TO THE COMMITTEE ON LEGISLATION, THE CITY PLANNING BOARD, AND THE COMMISSIONER OF COMMUNITY DEVELOPMENT. No. 104 Susan B. Palmer & O - Oppose removal of green strip and shrubs from the east side of Elmwood Parish Commons and the placement of parking in their stead. REFERRED TO THE COMMITTEE ON LEGISLATION AND CITY PLANNING BOARD. No. 105. P. Smith, request play area status and use restrictions for Durant Field. RECEIVED AND FILED. No. 106 T. Cavanaugh & Others, oppose continued use of temporary roadway at School 67. REFERRED TO THE COMMITTEE ON LEGISLATION, THE COMMISSIONER OF PUBLIC WORKS AND THE BOARD OF EDUCATION. REGULAR COMMITTEES CIVIL SERVICE HON. JAMES W. PITTS CHAIRMAN No. 107 Veto Amendments to The 1993-94 Salary Ordinance Item No. 1, C.C.P., July 6, 1993 That the above item be, and the same is hereby, returned to the Common Council without recommendation. Mr. Pitts moved: That the Mayor's veto of Amendments to the 1993-94 Salary Ordinance 04-0 Department of Audit & Control, 002-Data Processing, Item No. 1, C.C.P., July 6, 1993, be and it hereby is overridden. REPASSED. AYES AMOS, ARTHUR, BAKOS, COLLINS, COPPOLA, FAHEY, FRANCZYK, HIGGINS, LOTEMPIO, PERLA, PITTS, ZUCHLEWSKI- 12. NOES- BELL - 1. No. 108 Salary Ordinance Amendment /Police/Municipal Security Officer (Item # 183 CCP Mar 16, 1993) That the above mentioned Item be and the same is hereby received and filed. ADOPTED. No. 109 Ordinance Amendment - Chapter 35 Personnel Policies (Item No. 166, C.C.P., July 6, 1993) That the above item be, and the same hereby is, returned to thee Common Council without recommendation. Mr. Pitts moved: That the Ordinance Amendment as contained in Item No. 166, C.C.P., July 6, 1993, be and the same hereby is approved. PASSED. AYES- 13 NOES- 0. No. 110 Eligible List For Police Officer (CSC) (Item # 67 CCP Jun 22, 1993) That the above mentioned Item be and the same is hereby received and filed. ADOPTED. No. 111 Overtime for Deputy Police Commissioners (Item No. 161, C.C.P., July 6, 1993) That the above item be, and the same hereby is, returned to the Common Council without recommendation. Mr. Pitts now moved to recommit the above item to the Committee on Civil Service. ADOPTED. AYES- AMOS, ARTHUR, BAKOS, BELL, COLLINS, COPPOLA, FAHEY, FRANCZYK, HIGGINS, LOTEMPIO, PERLA, ZUCHLEWSKI- 12. NOES- PITTS- 1. No. 112 Appointment Street Sanitation/Temporary Truckdriver That Communication No 61 CCP Jun 22, 1993 be received and filed and the Temporary appointment of Ronald A. McGregor & David J. Kosmoski stated above at the Intermediate salary $22,208.00 effective on June 14, 1993 is hereby approved. PASSED. AYES- 13 NOES- 0. No. 113 Appointment Public Works/Assistant Superintendent Street Repair That Communication No 50 CCP Jul 6, 1993 be received and filed and the Temporary appointment of Joseph Hussar Jr. stated above at the Maximum salary $27,500.00 effective on Jul l, 1993 is hereby approved. PASSED. AYES- 13 NOES- 0. No. 114 Appointment Municipal Civil Service Commission/Personnel Specialist I That the above item be, and the same hereby is, returned to the Common Council without recommendation. Mr. Pitts now moved to recommit the above item to the Committee on Civil Service. ADOPTED. No. 115 Appointment Municipal Civil Service Commission/Personnel Specialist I That the above item be and the same is hereby returned to the Common Council without recommendation. Mr. Pitts now moved to recommit the above item to the Committee on Civil Service. No. 116 Notices Of Appointments (C.Clerk) (Item # 94 CCP Jul 6, 1993) That the above mentioned Item be and the same is hereby received and filed. ADOPTED. FINANCE HON. DAVID A. COLLINS CHAIRMAN No. 117 C.O.M.B.A.T. Grant Program Renewal (Item No. 54, C.C.P., May 25, 1993) That the above item be, and the same hereby is, returned to the Common Council without recommendation. Mr. Collins moved: That the Mayor be, and he hereby is authorized to enter into a renewal agreement with the C.O.M.B.A.T. Grant Program for the period April 1, 1993 through March 31, 1994 and that the Comptroller provide for an inter-fund cash loan in the amount of $3,500 as a cash advance for all non-personnel purchases until such reimbursement is secured from the State. The loan would then be repaid as the reimbursements are sent to the City from the State under this grant program and once the grant is approved at the State level and the monies received, the Council be notified. PASSED. AYES- 13 NOES- 0. No. 118 COMBAT Grant Program Proposal (Police) (#26 6/8) (Item # 133 CCP Jun 22, 1993) That the above mentioned Item be and the same is hereby received and filed. ADOPTED. No. 119 Ordinance Amendment/Chapter 175/ #26 3/Alarm Monitor (Item # 141 CCP Jun 22, 1993) That the above mentioned Item be and the same is hereby received and filed. ADOPTED. No. 120 Ordinance Amendment Chapter 175/# 263/Fees (Item # 19 CCP May 21, 1993) That the above mentioned Item be and the same is hereby received and filed. ADOPTED. No. 121 Ordinance Amendment/Ch. 263/Alarm System Monitoring (Item # 142 CCP Jun 22, 1993) That the above mentioned Item be and the same is hereby received and filed. ADOPTED. No. 122 Ordinance Amendment/Chapter 263 (23)/Alarm Monitor (Item # 25 CCP May 21, 1993) That the above mentioned Item be and the same is hereby received and filed. ADOPTED. No. 123 Local Law Intro. No. 5 (1993) Increase Penalty on Taxes (Item No. 165, C.C.P., July 6, 1993) That the above item be, and the same hereby is, returned to the Common Council without recommendation. Mr. Collins now moved that the above item be and the same is hereby received and filed. ADOPTED. AYES- AMOS, ARTHUR, BAKOS, BELL, COLLINS, COPPOLA, FAHEY, FRANCZYK, HIGGINS, PERLA, PITTS, ZUCHLEWSKI- 12. NOES- LOTEMPIO- 1. No. 124 Lease Agreement/Penn Advertising Billboards (Assmt) (Item # 24 CCP Apr 27, 1993) That the above mentioned Item be and the same is hereby received and filed. ADOPTED. No. 125 Lease Agreement/Penn Advertising (CC) (Item # 60 CCP Apr 27, 1993) That the above mentioned Item be and the same is hereby received and filed. ADOPTED. No. 126 Inventory List Penn Advertising (Assmt) (Item # 18 CCP Jun 22, 1993) That the above mentioned Item be and the same is hereby received and filed. ADOPTED. No. 127 Bids Thruway Lot No. 4 (Item No. 9, C.C.P., July 6, 1993) That the above item be, and the same hereby is, returned to the Common Council without recommendation. Mr. Collins moved: That the Director of the Board of Parking be, and he hereby is authorized to award a contract for Thruway Lot No. 4 to Allright Parking Buffalo Inc., the lowest responsible bidder in the amount of $50,000.00. PASSED. AYES- AMOS, ARTHUR, BAKOS, BELL, COLLINS, COPPOLA, FRANCZYK, HIGGINS, LOTEMPIO- 9. NOES- FAHEY, PERLA, PITTS, ZUCHLEWSKI- 4. No. 128 Bids Parking Concession Gates Circle and Buffalo General Parking Ramps (Item No. 10, C.C.P., July 6, 1993) That the above item be, and the same hereby is, returned to the Common Council without recommendation. Mr. Collins now moved to recommit the above item to the Committee on Finance. ADOPTED. No. 129 Certiorari Proceedings 1992-93 Fiscal Year Admiral's Walk (Item No. 104, C.C.P., June 22, 1993) That the above item be, and the same hereby is, returned to the Common Council without recommendation. Mr. Collins moved: That the Corporation Counsel is authorized to settle the 1992-93 certiorari proceeding on Admiral's Walk, 75 Ojibwa, Buffalo, New York, by reducing the City assessment from a total of $7,617,750 to $5,939,800, and the 1993 County restricted (339-y) assessment from a total of $5,446,270 to $3,645,000, with reductions in individual unit assessments as attached to Item No. 12, C.C.P., June 8, 1993. PASSED. AYES- 13 NOES- 0 No. 130 Certiorari Proceedings/Admirals Walk (Mayor) (Item # 5 CCP Jul 6, 1993) That the above mentioned Item be and the same is hereby received and filed. ADOPTED. No. 131 P. Holmwood/Refund Interest/Taxes 27 Harbour Point (Item # 62 CCP Jun, 1993) That the above mentioned Item be and the same is hereby received and filed. ADOPTED. No. 132 Refund Interest On Taxes/Harbour Point (Assmt) (Item # 27 CCP Jul 6, 1993) That the above mentioned Item be and the same is hereby received and filed. ADOPTED. No. 133 C. Kalevar/Oppose Demolition 136 Adams (Item# 80 CCP Jun 22, 1993) That the above mentioned Item be and the same is hereby received and filed. ADOPTED. No. 134 R. Nelson/Request City Pay Health Insurance (Item # 81 CCP Jun 22, 1993) That the above mentioned Item be and the same is hereby received and filed. ADOPTED. No. 135 Request City Pay Health Insurance (Compt) (Item # 23 CCP Jul 6, 1993) That the above mentioned Item be and the same is hereby received and filed. ADOPTED. LEGISLATION HON. ALFRED T. COPPOLA CHAIRMAN No. 136 Lead Agency Designation National Fuel Service Center - 249 W. Genesee (Item No. 5, C.C.P., June 22, 1993) That the request that the Buffalo Preservation Board act as lead agency in connection with the related environmental quality review as described in such communication, be and the same hereby is approved. PASSED. AYES- 13 NOES- 0. No. 137 Encroach Handicap Ramp - 138 Delaware (Item No. 41, C.C.P., June 22, 1993) That the Commissioner of Public Works be and he hereby is, authorized to issue a "mere license" to Mr. Phil Silvestri, Architect, acting as agent for Federal Center Building, to be located at 138 Delaware Avenue Northwest corner of Mohawk Street, to install two handicap ramps, stairs and planters which would encroach city right-of-way at said address, subject to the following conditions. 1. That the applicant obtain any and all other City of Buffalo permits necessary for said installation. 2. That the ramps, stairs, and planters be installed exactly as shown on plans submitted to and approved by the Department of Public Works, Division of Buildings. 3. That after installation a minimum of 10 (ten) feet of sidewalk space exists between the edge of the planters and the curbline. 4. In the event that the Commissioner of Public Works determines the encroachments must cease as a result of factors effecting the health, safety and welfare of the public, or the needs of the City, the Commissioner may order the immediate removal of said encroachments as described in Chapter 413-67 (E) of the City Ordinances. 5. That the applicant supply the City of Buffalo with a ten thousand dollar ($10,000) construction in street bond or certificate of insurance which will indemnify and save harmless the City of Buffalo against any and all loss and damage arising out of the construction, maintenance, use and removal of said encroachments. PASSED. AYES- 13 NOES- 0. No. 138 EAF - Encroachment 138 Delaware Avenue (Item No. 67, C.C.P., July 6, 1993) That "P. Silvestri - Request to encroach right of way at 138 Delaware Avenue (corner W. Huron) is an unlisted action as defined in 6 NYCRR Part 617.2. The Common Council has approval power over this item, and is therefore an involved agency as defined in 617.2. As part of an uncoordinated review, the Common Council has evaluated an Environmental Assessment form (EAF) on this item which has been completed by the applicant (Part 1) and by the City Planning Board (Part II); and Having made an independent assessment of the information contained in the EAF, the Common Council adopts the findings set forth in Part II and, as a result, finds that this proposed action will not result in any significant adverse environmental impacts. Therefore, this Common Council issues a negative declaration. ADOPTED. No. 139 P. Silvestri/Encroachment/138 Delaware (CPBD) (Item # 7 Jul 6, 1993 CCP) That the above mentioned Item be and the same is hereby received and filed. ADOPTED. No. 140 Encroach Awning - 3288 Bailey Avenue (Item No. 46, C.C.P., July 6, 1993) That the Commissioner of Public Works be and he hereby is, authorized to issue a "mere license" to Mr. Ron Giovino, owner of property located at 3288 Bailey Avenue, to install an awning which would encroach city right-of-way at said address, subject to the following conditions. 1. That the applicant obtain any and all other City of Buffalo permits necessary for said installation. 2. That the awning be installed exactly as shown on plans submitted to and approved by the Department of Public Works, Division of Buildings. 3. That the applicant supply the City of Buffalo with a five thousand dollar ($5,000) construction in street bond or certificate of insurance which will indemnify and save harmless the City of Buffalo against any and all loss and damage arising out of the construction, maintenance, use and removal of said awning. PASSED. AYES- 13 NOES- 0. No. 141 Ordinance Amendment/ Chapter 264/Housing License (#168 5/11) (Item # 122 CCP Jun 22, 1993) That the above mentioned Item be and the same is hereby received and filed. ADOPTED. No. 142 Ordinance Amendment/ Chapter 175/ # 264/Housing License (Item # 120 CCP Jun 22, 1993) That the above mentioned Item be and the same is hereby received and filed. ADOPTED. No. 143 Notification Of Serials 8301-8308 (PW) (Item # 32 CCP Jul 6, 1993) That the above mentioned Item be and the same is hereby received and filed. ADOPTED. No. 144 Request Ordinance/Fee For Delinquent Owners/ Housing Violations (Item # 157 CCP Jun 22, 1993) That the above mentioned Item be and the same is hereby received and filed. ADOPTED. No. 145 D. Frost/Ban Commercial Vehicles From 1-300 Block Moselle (Item # 72 CCP Jun 8, 1993) That the above mentioned Item be and the same is hereby received and filed. ADOPTED. No. 146 Boom Box Crackdown (CC) (Item # 63 CCP Jul 6, 1993) That the above mentioned Item be and the same is hereby received and filed. ADOPTED. No. 147 D. Farley/Change Woodlawn To One Side Parking (Item # 77 CCP Jun 22, 1993) That the above mentioned Item be and the same is hereby received and filed. ADOPTED. No. 148 Change Woodlawn To One Side Parking (PW) (Item # 47 CCP Jul 6, 1993) That the above mentioned Item be and the same is hereby received and filed. ADOPTED. No. 149 Request Information From Water Department (PW) (Item # 46 CCP Apr 27, 1993) That the above mentioned Item be and the same is hereby received and filed. ADOPTED. No. 150 Establishment of Beat Patrols (Item No. 172, C.C.P., June 22, 1993) That this Common Council request a report from the Police Commissioner on the feasibility of establishing beat patrols, especially during the 9:00 p.m. to 2:00 a.m. shift once the new Police schedule is implemented; and That the Police Commissioner work with the Common Council to determine the best and most effective locations for beat patrols. ADOPTED. No. 151 That the above mentioned item be and the same is hereby received and filed. Mr. Coppola now moved to recommit to the Committee on Legislation. ADOPTED. No. 152 That the above mentioned item be and the same is hereby received and filed. Mr. Coppola now moved to recommit to the Committee on Legislation. ADOPTED. No. 153 Erie County Health/Amendment to Sanitary Code (Item # 99 CCP Jul 6, 1993) That the above mentioned Item be and the same is hereby received and filed. ADOPTED. No. 154 West Seneca Town Board/Special Permit/496 Potters (Item # 107 CCP Jul 6, 1993) That the above mentioned Item be and the same is hereby received and filed. ADOPTED. No. 155 Maintain sewer In York St. (BSA) (Item # 88 CCP Jul 6, 1993) That the above mentioned item be and the same is hereby received and filed. Mr. Coppola now moved to recommit to the Committee on Legislation. ADOPTED. No. 156 Elm Leaf Beetle Management Plan (Parks) (Item # 23 CCP Jun 8, 1993) That the above mentioned Item be and the same is hereby received and filed. ADOPTED. No. 157 SEQR/Process/Tree Spraying With SEVIN (EMC) (Item # 11 CCP Jul 6, 1993) That the above mentioned Item be and the same is hereby received and filed. ADOPTED. No. 158 P. Smith/Problems With Durant Field (Item # 90 CCP May 25, 1993) That the above mentioned Item be and the same is hereby received and filed. ADOPTED. ECONOMIC DEVELOPMENT HON. CLIFFORD BELL CHAIRMAN No. 159 LDA - New Industrial Pk. - Parcel #4 (Item No. 68 C.C.P., Jul 6, 1993) That the above item be and hereby is returned to the Common Council without recommendation. The above Item has been set for a Public Hearing before the Common Council, at this regularly scheduled meeting, this date, at 2:00 P.M., and that a Notice of same has been published in the Buffalo News, a copy of which is attached hereto. On a Motion by Mr. Fahey, Seconded by Mr. Bakos the item is properly before the Common Council, and the hearing be opened. CARRIED. Appearances: Mary Ann DeMarco - Community Development Mr. Fahey moved that the hearing be closed. Seconded by Mr. Franczyk. CARRIED. Mr. Fahey moved: Whereas, the Buffalo Urban Renewal Agency has duly designated CVM Electric, Inc. and/or other legal entity to be formed as qualified and eligible Redeveloper in accordance with rules and procedures duly adopted by the Agency; and Whereas, the City Clerk has published a Notice of Public Hearing, as required by Section 507, Subdivision 2(d) of the -General Municipal Law"; and Whereas, the proposed Land Disposition Agreement has been duly submitted to this Common Council by the Buffalo Urban Renewal Agency; and Now, Therefore, Be It Resolved: 1. That CVM Electric, Inc. and/or other legal entity to be formed was duly designated as qualified and eligible Redeveloper by the Buffalo Urban Renewal Agency, is hereby approved as the Redeveloper for a portion of New Buffalo Industrial Park. 2. That the Mayor, the Chairman or Vice-Chairman of the Buffalo Urban Renewal Agency is hereby authorized to execute any and all deeds or other documents necessary to convey land described in proposed "Land Disposition Agreement" to CVM Electric, Inc. and/or other entity to be formed in accordance with the terms of said Agreement and for the consideration recited therein. PASSED. AYES- 13 NOES- 0. No. 160 LDA - New Industrial Pk. - Parcel 15 (Item No. 69 C.C.P., Jul 6, 1993) That the above item be and hereby is returned to the Common Council without recommendation. The above Item has been set for a Public Hearing before the Common Council, at this regularly scheduled meeting, this date, at 2:00 P.M., and that a Notice of sale has been published in the Buffalo News, a copy of which is attached hereto. On a Motion by Mr. Fahey, Seconded by Mr. Pitts the item is properly before the Common Council, and the Hearing be opened. CARRIED. Appearances: Maria Scinta - Urban Renewal Agency Dave Sengbush - Community Development Mr. Fahey moved that the hearing be closed. Seconded by Mr. Collins. CARRIED. Mr. Fahey moved: Whereas, the Buffalo Urban Renewal Agency has duly designated Midway-CTS Buffalo, Ltd. and/or other legal entity to be formed as qualified and eligible Redeveloper in accordance with rules and procedures duly adopted by the Agency; and Whereas, the City Clerk has published a Notice of Public Hearing, as required by Section" 507, Subdivision 2(d) of the "General Municipal Law"; and Whereas, the proposed Land Disposition Agreement has been duly submitted to this Common Council by the Buffalo Urban Renewal Agency; and Now, Therefore, Be It Resolved: 1. That Midway-CTS Buffalo, Ltd. and/or other legal entity to be formed was duly designated as qualified and eligible Redeveloper by the Buffalo Urban Renewal Agency, is hereby approved as the Redeveloper for a portion of New Buffalo Industrial Park. 2. That the Mayor, the Chairman or Vice-Chairman of the Buffalo Urban Renewal Agency is hereby authorized to execute any and all deeds or other documents necessary to convey land described in the proposed "Land Disposition Agreement" to Midway-CTS Buffalo, Ltd. and/or other legal entity to be formed in accordance with the terms of said Agreement and for the consideration recited therein. PASSED. AYES- ARTHUR, BAKOS, BELL, COLLINS, COPPOLA, FAHEY, FRANCZYK, HIGGINS, LOTEMPIO, PITTS, ZUCHLEWSKI- 10. NOES- AMOS, PERLA, PITTS- 3. No. 161 LDA - Harlow New Housing - Empire Dev. (Item No. 75 C.C.P., Jul 6, 1993) That the above item be and hereby is returned to the Common Council without recommendation. The above Item has been set for a Public Hearing before the Common Council, at this regularly scheduled meeting, this date, at 2:00 P.M., and that a Notice of same has been published in the Buffalo News, a copy of which is attached hereto. On a motion by Mr. Fahey, Seconded by Mr. Amos the item is properly before the Common Council, and the Hearing be opened. CARRIED. Appearances: Louis Malucci - Community Revitalization Mr. Fahey moved that the hearing be closed. Seconded by Mr. Amos. CARRIED. Mr. Fahey moved: Whereas, the Buffalo Urban Renewal Agency (herein referred to as the "Agency") has duly designated Empire Development Company and/or other legal entity to be formed as qualified and eligible Redeveloper in accordance with the rules and procedures duly adopted by the Agency; and Whereas, the City Clerk has Published a Notice of Public Hearing, as required by Section 507, Subdivision 2 (d) of the "General Municipal Law; and Now Therefore, Be It Resolved: (1) That Empire Development Company and/or other legal entity to forced was duly designated as qualified and eligible Redeveloper by the Buffalo Urban Renewal Agency, is hereby approved as the Redeveloper for the Harlow New Housing Project in the Community Wide Urban Renewal Demonstration Program Area. (2) That the Chairman or Vice Chairman of the Buffalo Urban Renewal Agency is hereby authorized to execute any and all deeds or other legal documents necessary to convey the land described in the proposed "Land Disposition Agreement" to the Redeveloper and/or other legal entity to be formed in accordance with the terms of said agreement and for the consideration recited therein and that the mayor of the City of Buffalo is hereby authorized to execute any and all deeds or other legal documents necessary to convey the Property from the City to BURA. PASSED. AYES- 13 NOES- 0. No. 162 Amend LDA - Masten Housing - Omega (Item No. 76 C.C.P., Jul 6, 1993) That the above item be and hereby is returned to the Common Council without recommendation. The above Item has been set for a Public Hearing before the Common Council, at this regularly scheduled meeting, this date, at 2:00 P.M., and that a Notice of sale has been published in the Buffalo News, a copy of which is attached hereto on a Motion by Mr. Fahey, Seconded by Mrs. LoTempio the item is properly before the Common Council, and the Hearing be opened. CARRIED. Appearances: Louis Malucci - Community Revitalization Mr. Fahey moved that the hearing be closed. Seconded by Mr. Perla. CARRIED. Mr. Fahey moved: Whereas, the Buffalo Urban Renewal Agency (herein referred to as the "Agency") has duly designated Omega Homes, Inc. and/or other legal entity to be formed as qualified and eligible Redeveloper in accordance with rules and procedures duly adopted by the Agency; and Whereas, the City Clerk has published a Notice of Public Hearing, as required by Section 507, Subdivision 2 (d) of the "General Municipal Law"; and Whereas, The proposed amendment to the Land Disposition Agreement has been duly submitted to the Common Council by the Buffalo Urban Renewal Agency; and Whereas, The Agency and the Redeveloper have requested to amend the LDA to include 177, 189, 191, 193, 195, 227, 229 Waverly and 274, 276 Purdy to Schedule A of said LDA for the construction of four (4) additional units of residential new housing known as the Masten New Housing Project Phase I in the Community Wide Urban Renewal Demonstration Program Area; Now, Therefore, Be It Resolved: (1) That the Land Disposition Agreement by and between The City of Buffalo Urban Renewal Agency and Omega Homes, Inc. shall be amended as follows: a.) Amend Schedule "A" as attached hereto to include 177, 189, 191, 193, 195, 227, 229 Waverly and 274, 276 Purdy to Schedule A of said LDA for the construction of four (4). b.) All terms and provisions not included in this Amendment shall remain unchanged and shall remain in full effect. (2) That Omega Homes, Inc. and/or other legal entity to be formed was duly designated as qualified and eligible Redeveloper by the Buffalo Urban Renewal Agency, is hereby approved as the Redeveloper for Community Wide Urban Renewal Homestead Program. (3) That the Chairman or Vice Chairman of the Buffalo Urban Renewal Agency is hereby authorized to execute any and all deeds or other legal documents necessary to convey the land described in the proposed amended "Land Disposition Agreement" to the Redeveloper and/or other legal entity to be formed in accordance with the terms of said Agreement and for the consideration recited therein and that the Mayor of the City of Buffalo is hereby authorized to execute any and all deeds or other legal documents necessary to convey said land so described in the subject LDA to BURA. PASSED. AYES- 13 NOES- 0. No. 163 Amend LDA - Masten Housing - BBZ Dev. (Item No. 77 C.C.P., Jul 6, 1993) That the above item be and hereby is returned to the Common Council without recommendation. The above Item has been set for a Public Hearing before the Common Council, at this regularly scheduled meeting, this date, at 2:00 P.M., and that a Notice of Sale has been published in the Buffalo News, a copy of which is attached hereto. On a motion by Mr. Fahey, Seconded by Mr. Higgins the item is properly before the Common Council, and the Hearing be opened. CARRIED. Appearances: Louis Malucci - Community Revitalization Mr. Fahey moved that the hearing be closed. Seconded by Mr. Franczyk. CARRIED. Mr. Fahey moved: Whereas, the Buffalo Urban Renewal Agency (herein referred to as the "Agency") has duly designated BBZ Development Company, and/or other legal entity to be formed as qualified and eligible Redeveloper in accordance with rules and procedures duly adopted by the Agency; and Whereas, the City Clerk has published a Notice of Public Hearing, as required by Section 507, Subdivision 2 (d) of the "General Municipal Law"; and Whereas, the proposed amended Land Disposition Agreement (amended LDA) has been duly submitted to this Common Council by the Buffalo Urban Renewal Agency; and Whereas, BURA and Redeveloper have requested to amend said LDA to change the location of the homes to be built for this project from the vacant city owned land located on Jefferson between Landon and Riley to the following: 172, 174, 178, 180, 182, 184, 188, 167, 171, 123 Waverly, 181, 185, 178, 180, 182 Chester and 292 Masten Streets, which are situated in the Community Wide Urban Renewal Homestead Program, Now, Therefore, Be It Resolved: (1) That the Land Disposition Agreement by and between The City of Buffalo Urban Renewal Agency and BBZ Development Company shall be amended as follows: a.) Amend Schedule "A" as attached hereto to include the following: 172, 174, 178, 180, 182, 184, 188, 167, 171, 123 Waverly, 181, 185, 178, 180, 182 Chester and 292 Masten Streets 128-138, 186-192 and 177-179 Chester Street. b.) All terms and provisions not included in this Amendment shall remain unchanged and shall remain in full effect. (2) That BBZ Development Company and/or other legal entity to be formed was duly designated as qualified and eligible Redeveloper by the Buffalo Urban Renewal Agency, is hereby approved as the Redeveloper for Community Wide Urban Renewal Homestead Program. (3) That the Chairman or Vice Chairman of the Buffalo Urban Renewal Agency is hereby authorized to execute any and all deeds or other legal documents necessary to convey the land described in the proposed amended "Land Disposition Agreement" to the Redeveloper and/or other legal entity to be formed in accordance with the terms of said Agreement and for the consideration recited therein and that the Mayor of the City of Buffalo is hereby authorized to execute any and all deeds or other legal documents necessary to convey said land so described in the subject LDA to said Redeveloper. PASSED. AYES- 13 NOES- 0. No. 164 Amend LDA - Emslie Housing - Ogiony (Item No. 79 C.C.P., Jul 6, 1993) That the above item be and hereby is returned to the Common Council without recommendation. The above Item has been set for a Public Hearing before the Common Council, at this regularly scheduled meeting, this date, at 2:00 P.M., and that a Notice of Sale has been published in the Buffalo News, a copy of which is attached hereto. On a Motion by Mr. Fahey, Seconded by Mr. Pitts the item is properly before the Common Council, and the Hearing be opened. CARRIED. Appearances: Louis Malucci - Community Revitalization Ken Anderhalt- Ogiony Builders Mr. Fahey moved that the hearing be closed. Seconded by Mr. Bell. CARRIED. Mr. Fahey moved: Whereas, the Buffalo Urban Renewal Agency (herein referred to as the "Agency") has duly designated MJ Ogiony Builders, Inc. and/or other legal entity to be formed as qualified and eligible Redeveloper in accordance with rules and procedures duly adopted by the Agency; and Whereas, the City Clerk has published a Notice of Public Hearing, as required by Section 507, Subdivision 2 (d) of the "General Municipal Law"; and Whereas, The proposed amendment to the Land Disposition Agreement has been duly submitted toe the Common Council by the Buffalo Urban Renewal Agency; and Whereas, The Agency and the Redeveloper have requested to amend the LDA to reduce the total number of units to be constructed under the subject LDA from seventy-one (71) to sixty-two (62) units for the Emslie NDP New Housing Project; Now, Therefore, Be It Resolved: (1) That the Land Disposition Agreement by and between The City of Buffalo Urban Renewal Agency and MJ Ogiony Builders, Inc. shall be amended as follows: a.) Amend Schedule "A" as attached hereto to include the attached list of property as the final approved list for this project. b.) Amend Section 4 to reduce the total number of units to be constructed from seventy-one (71) to sixty-two (62) units of new housing. c.) All terms and provisions not included in this Amendment shall remain unchanged and shall remain in full effect. (2) That MJ Ogiony Builders, Inc. and/or other legal entity to be formed was duly designated as qualified and eligible Redeveloper by the Buffalo Urban Renewal Agency, is hereby approved as the Redeveloper for Community Wide Urban Renewal Homestead Program. (3) That the Chairman or Vice Chairman of the Buffalo Urban Renewal Agency and/or the Mayor of the City of Buffalo are hereby authorized to execute any and all deeds or other legal documents necessary to convey the land described in the proposed amended "Land Disposition Agreement" to the Redeveloper and/or other legal entity to be formed in accordance with the terms of said Agreement and for the consideration recited therein. PASSED. AYES- AMOS, ARTHUR, BAKOS, BELL, COLLINS, COPPOLA, FAHEY, HIGGINS, LOTEMPIO, PERLA, PITTS, ZUCHLEWSKI- 12. NOES- FRANCZYK- 1. No. 165 Amend LDA - Clinton/Emslie - Burke (Item No. 79 C.C.P., July 6, 1993) That the above item be and hereby is returned to the Common Council without recommendation. The above Item has been set for a Public Hearing before the Common Council, at this regularly scheduled meeting, this date, at 2:00 P.M., and that a Notice of same has been published in the Buffalo News, a copy of which is attached hereto. On a Motion by Mr. Fahey, Seconded by Mr. Collins the item is properly before the Common Council, and the Hearing be opened. CARRIED. Appearances: Louis Malucci - Community Revitalization Mr. Fahey moved that the hearing be closed. Seconded by Mr. Coppola. CARRIED. Mr. Fahey moved: Whereas, the Buffalo Urban Renewal Agency (herein referred to as the "Agency") has duly designated Burke Brothers Construction and/or other legal entity to be formed as qualified and eligible Redeveloper in accordance with rules and procedures duly adopted by the Agency; and Whereas, the City Clerk has published a Notice of Public Hearing, as required by Section 507, Subdivision 2 (d) of the "General Municipal Law"; and Whereas, The proposed amendment to the Land Disposition Agreement has been duly submitted to the Common Council by the Buffalo Urban Renewal Agency; and Whereas, The Agency and the Redeveloper have requested to amend the LDA to include 91, 93, 103, 107, 162, 166, 175, 177, 183, 185 Peckham and 439 Emslie Street to Schedule A of said LDA for the Clinton-Emslie New Housing Project Phase II in the Community Wide Urban Renewal Demonstration Program Area; Now, Therefore, Be It Resolved: (1) That the Land Disposition Agreement by and between The City of Buffalo Urban Renewal Agency and Burke Brothers Construction, Inc. shall be amended as follows: a.) Amend Schedule "A" as attached hereto to include the following: 91, 93, 103, 107, 162, 166, 175, 177, 183, 185 Peckham and 439 Emslie Street. b.) All terms and provisions not included in this Amendment shall remain unchanged and shall remain in full effect. (2) That Burke Brothers Construction, Inc. and/or other legal entity to be formed was duly designated as qualified and eligible 'Redeveloper by the Buffalo Urban Renewal Agency, is hereby approved as the Redeveloper for Community Wide Urban Renewal Homestead Program. (3) That the Chairman or Vice Chairman of the Buffalo Urban Renewal Agency is hereby authorized to execute any and all deeds or other legal documents necessary to convey the land described in the proposed amended "Land Disposition Agreement" to the Redeveloper and/or other legal entity to be formed in accordance with the terms of said Agreement and for the consideration recited therein and that the Mayor of the City of Buffalo is hereby authorized to execute any and all deeds or other legal documents necessary to convey said land so described in the subject LDA to BURA. PASSED. AYES- 13 NOES- 0. No. 166 Ordinance Amendment Amend Chapter 281 - Multiple Housing By Adding a New Section 281-12 Turnkey/Enhanced Rental Projects (Item No. 183, C.C.P., July 6, 1993) That the Ordinance Amendment as contained in Item No. 183, C.C.P., July 6, 1993, be and the same hereby is approved. PASSED. AYES- 13 NOES- 0. No. 167 Petition to use 1001 Main Street/796 Ellicott Street for Parking Lots for Buffalo General Hospital (Item No. 169, C.C.P., June 22, 1993) That the above item be, and the same hereby is, returned to the Common Council without recommendation. Mr. Bell now moved to recommit the above item to the Committee on Economic Development. ADOPTED. No. 168 Request Status Report/2192 Niagara (Item # 197 CCP Jul 6, 1993) That the above mentioned Item be and the same is hereby received and filed. ADOPTED. No. 169 Inspections and Community Revitalization - HOME Funding For 909, 913 and 915 Michigan Avenue (Item No. 72, C.C.P. July, 6, 1993, E.D.) That the request of the Dept. of Inspections and Community Revitalization for approval to provide $17,625 in HOME program funding for the revitalization of the above captioned properties upon the terms and conditions described in the above communication be and hereby is approved. PASSED. AYES- 13 NOES- 0. No. 170 Reason For Move Of Farmers Market (Item # 143 CCP Jun 8, 1993) That the above mentioned Item be and the same is hereby received and filed. ADOPTED. No. 171 Reasons For Market Move (CD) (Item # 60 CCP Jun 22, 1993) That the above mentioned Item be and the same is hereby received and filed. ADOPTED. No. 172 Relocation of Farmer's Market (Bflo. Pl.) (Item # 75 CCP Jun 22, 1993) That the above mentioned Item be and the same is hereby received and filed. ADOPTED. No. 173 Transfer Paint Program Funds to Lead Abatement (Item # 149 CCP Jun 22, 1993) That the above mentioned Item be and the same is hereby received and filed. ADOPTED. No. 174 Conrail/Fence Leroy/Dewey (#98 3/16) (Item # 106 CCP Jun 22, 1993) That the above mentioned Item be and the same is hereby received and filed. ADOPTED. No. 175 R. Kern/Request Fair Housing response (Item # 101 CCP Jul 6, 1993) That the above mentioned Item be and the same is hereby received and filed. ADOPTED. No. 176 WNYEDC/Designate Member Buffalo Forge Task Force (Item # 106 CCP Jul 6, 1993) That the above mentioned Item be and the same is hereby received and filed. ADOPTED. COMMITTEE ON EDUCATION HON. DALE L. ZUCHLEWSKI CHAIRMAN No. 177 Mandated Funding/Board Of Education (Item # 166 CCP May 11, 1993) That the above mentioned Item be and the same is hereby received and filed. ADOPTED. No. 178 Funding Formula For Board Of Education (A&F) (Item # 43 CCP Jun 8, 1993) That the above mentioned Item be and the same is hereby received and filed. ADOPTED. No. 179 Use Of Additional Budget Allocation (Bd.Ed.) (Item # 85 CCP Jul 6, 1993) That the above mentioned Item be and the same is hereby received and filed. ADOPTED. RESOLUTIONS No. 180 By: Mr. Arthur Law Department Prepare Salary Ordinance Amendment Fire Alarm Dispatcher Whereas: On June 22, 1993 Item # 161 "Salary Ordinance Amendments - Various Departments" was approved as a package by this Council; and Whereas: Salary Ordinance Amendment 21-0 Department of Fire, 023 -Fire Alarm and Telegraph System was part of this package and detailed 12 Assistant Fire Alarm Dispatcher at $37,033 and 3 additional, individually listed Assistant Fire Alarm Dispatcher at $37,033; and Whereas: The 3 additional Fire Alarm Dispatcher positions unnecessarily listed names associated with each position; and Whereas: The new Salary Ordinance Amendment 21-0 Department of Fire, 023 - Fire Alarm and Telegraph Systems should be amended to read 12 Assistant Fire Alarm Dispatcher @ $37,033, 1 Assistant Fire Alarm Dispatcher @ $37,033, 1 Assistant Fire Alarm Dispatcher @ $37,033 1 Assistant Fire Alarm Dispatcher @ $37,033. Now, Therefore Be It Resolved That: This Honorable Body directs the Law Department to prepare a Salary Ordinance Amendment for 21-0 Department of Fire, 023 - Fire Alarm and Telegraph System, deleting the three names, and to file the amendment with the Council. REFERRED TO THE COMMITTEE ON CIVIL SERVICE. No. 181 By: Mr. Arthur Ordinance Amendment Chapter 437 Taxicabs And Liveries The Common Council of the City of Buffalo does hereby ordain as follows: That Section 437-8 of Chapter 437 of the Code of the City of Buffalo be amended to read as follows: 437-8. Renewal and surrender of license. A. The holder of a taxicab or livery license shall be permitted to renew the same annually, provided that all ordinance provisions relating thereto are complied with and the application for such renewal is filed with the Director of Licenses and Permits not later than (February 15) May 1 of each year. The motor vehicle to be used must be presented for inspection as provided in 437-7 of this chapter. If the application for renewal is not made within said time, the holder will be deemed to have abandoned said license, and a license in place thereof may be issued to another applicant as hereinafter provided. IT IS HEREBY CERTIFIED, pursuant to Section 34 of the Charter, that the immediate passage of the foregoing ordinance is necessary. APPROVED AS TO FORM Laurence K. Rubin Corporation Counsel NOTE: Matter in brackets ( ) to be deleted; matter underlined is new. PASSED. AYES- 13 NOES- 0. No. 182 By: Mr. Arthur Kleinhans Music Hall Management, Inc. Whereas, by resolutions #115 and #192 of C.C.P., March 19, 1991, Kleinhans Music Hall Management, Inc., ("Kleinhans") was authorized to retain operating surpluses in its capital reserve fund; and Whereas, Kleinhans has been awarded a grant of $100,000 towards its share of music hall renovations presently being undertaken by the City on the condition that it waive back rent in the amount of $67,000 by the Buffalo Philharmonic Orchestra; and Whereas, Kleinhans wishes to accept such grant and transfer $67,000 from its capital reserve fund to its operating fund to satisfy the grant condition and balance its books; Now, therefore, Be It Resolved, that Kleinhans Music Hall Management, Inc., be and hereby is authorized to transfer $67,000 from its capital reserve fund to its operating fund so as to satisfy the condition of the Margaret L. Wendt Foundation's $100,000 capital grant. PASSED. AYES- 13 NOES- 0. No. 183 By: Mr. Bakos Every American Deserves The Right To Be Judged By A Jury Of Their Peers Whereas: Existing and proposed Ordinances of the City of Buffalo give one man, the Judge, total discretionary power in determining the guilt or innocence of an owner occupant or investor homeowner, accused of a Housing Code Violation; and Whereas: It has been the American tradition that people who are accused should have an opportunity to present their side of the story to a Jury made up of their peers; and Whereas: Existing and proposed Housing Codes do not allow owner Occupants and Private Sector Investors accused of Housing Violations to have a Jury trial; and Whereas: Owner Occupants and Private Sector Investors can be found guilty and sent to jail for unlimited years at the sole discretion of the Judge, and fined tens of thousands of dollars for Housing Code Violations, which in severity are equivalent to Traffic Violations, under existing and proposed Housing Ordinances; Now, Therefore Be It Resolved:, That This Common Council request the Corporation Counsel to draft an amendment to the existing and proposed Housing Codes which would allow a Defendant to request and receive a jury trail, if they so desire. REFERRED TO THE COMMITTEE ON LEGISLATION, CORPORATION COUNSEL AND THE COMMISSIONER OF INSPECTIONS AND COMMUNITY REVITALIZATION. No. 184 By: Mr. Bakos Establish Standardized Housing Inspection Procedures Whereas: The health of Buffalo's housing stock has been the source of much concern over the years; and Whereas: The building of new homes and the inspection of existing structures come under the watchful eye of the Buffalo Building inspectors; and Whereas: The criteria used for the inspection of properties whether owner-occupied or investment in nature in Buffalo, are not part of the Ordinances of the City of Buffalo; and Whereas: The absence of published benchmarks of housing violations leaves room for inspections that could be construed as arbitrary and capricious; and Whereas: "Gray" is not a color that should shade any housing inspection, nor is it fair to the property owners of Buffalo to be put in a situation where inspections by different inspectors could result in violation sheets which differ in violations found; and Whereas: it would be in the best interest of all Buffalo property owners if the inspection process was put forth in a unified manner; Now, Therefore Be it Resolved: That the Commissioner of Inspections and Community Revitalization file with this Council the official manual which is used by Building Inspectors in the performance of their duties. REFERRED TO COMMITTEE ON LEGISLATION, THE CORPORATION COUNSEL AND THE COMMISSIONER OF INSPECTIONS AND COMMUNITY REVITALIZATION. No. 185 By: Mr. Bakos Let The Punishment Fit The "Crime" (Violations) Whereas: Existing and proposed City of Buffalo Housing Code Ordinances allow a Judge, at his sole discretion, to fine an Owner Occupant, Home Owner or a Private Sector Investor, up to $1, 500 and 15 days in jail, for each and every Housing violation; and Whereas: A Housing Violation in the legal sense is the equivalent of a traffic citation; and Whereas: Under existing and proposed Ordinances, an Owner Occupant Home Owner or a Private Sector Investor, could be sent to jail for an unlimited number of years and fined hundreds of thousands of dollars at the sole discretion of one man; and Whereas: In much more serious "crimes" (not "violations") murderers, rapists and drug dealers have limited penalties and maximums that they can be sentenced to after a jury trial; and Whereas: It has been the American view of justice that the punishment should fit the "crime" (violation); Now, Therefore Be It Resolved: That This Common Council respectfully requests the Corporation Counsel to review the existing and proposed Housing Ordinances and compare them to other violations and legislation and advise the Common Council of their recommendations for penalties of Owner Occupant and Investor Owned Housing Violation fines. REFERRED TO COMMITTEE ON LEGISLATION, THE CORPORATION COUNSEL AND THE COMMISSIONER OF INSPECTIONS AND COMMUNITY REVITALIZATION. No. 186 By: Mr. Bakos A Citizens Review Board For The Division Of Housing & Property Inspections Whereas: Housing Inspectors are, in essence, policemen who have almost unlimited discretionary power while enforcing Housing Codes in the City of Buffalo ; and Whereas: It has been established that each Housing Inspector has the opportunity to arbitrarily use hi discretionary judgment when writing up Notice of Violations on inspected properties; and Whereas: Inspectors have the power to provide arbitrary time extensions, at their discretion while homeowners are making repairs on their properties; and Whereas: It has been established that neither the Court Liaison nor Corporation Counsel nor the Inspectors were aware of any written Manual of Procedures for the Division to operate under; and Whereas: It has been established that over thirty Inspectors operate almost as "free, independent agents,'.~ and not necessarily as "representatives" of the Division of Housing and Property Inspections when they deal with owner occupied and private sector investor home owners; and Whereas: Without an empowered "CITIZENS REVIEW BOARD" the existing and proposed Housing Codes leave the owner-occupied and the investor owned property owners, open to unreasonable discretionary, unlimited, unmonitored policing enforcement; and Whereas: There is a saying "power corrupts and absolute power corrupts absolutely!" If Policemen and-or Housing Inspectors have excessive, unmonitored discretionary powers, it could lead to substantial abuses of selective enforcement and even the possibilities of graft, corruption and extortion; and Now, Therefore Be It Resolved: That This Common Council requests the Corporation Counsel to draft an amendment to the existing and proposed relevant Housing Ordinances of the City of Buffalo, creating a "CITIZEN'S REVIEW BOARD" which would have the authority to (1) receive complaints from owner occupied and investor-owned property owners; (2) to investigate said complaints; (3) to review records; (4) to hear testimony and report their conclusions to the mayor and the Common Council. Be It Further Resolved That: The members of the "CITIZEN'S REVIEW BOARD" should include representatives of the Architects, Builders, Legal, owner occupied homeowner, private sector investment property owner and tenant organizations. No member should be an employee of the City of Buffalo REFERRED TO THE COMMITTEE ON LEGISLATION, THE CORPORATION COUNSEL AND THE COMMISSIONER OF COMMUNITY REVITALIZATION. No. 187 By: Mr. Bell Ordinance Amendment Chapter 263 Of Chapter 175 - Fees The Common Council of the City of Buffalo does hereby ordain as follows: That Chapter 263 of Chapter 175 - Fees, of the Code of the City of Buffalo, be amended to read as follows: Chapter 263, Licenses 263-12, alarm services Alarm system monitoring business $ 25.00 City alarm connection $1,500.00 Monitored alarm registration $10.00 IT IS HEREBY CERTIFIED, pursuant to Section 34 of the Charter, that the immediate passage of the foregoing ordinance is necessary. APPROVED AS TO FORM Laurence K. Rubin Corporation Counsel NOTE: Matter underlined is new. PASSED. AYES- AMOS, BAKOS, BELL, COLLINS, FAHEY, FRANCZYK, HIGGINS, LOTEMPIO, PERLA, PITTS- 10. NOES- ARTHUR, COPPOLA, ZUCHLEWSKI- 3. No. 188 By: Mr. Bell Ordinance Amendment Amend Section 263-12 of Chapter 263 License For Alarm System Monitoring Businesses The Common Council of the City of Buffalo does hereby ordain as follows: That Section 263-12 of Chapter 263 of the Code of the City of Buffalo is amended by adding new subdivisions C, D, E, F, and G to read as follows: C. Effective September 1,1993, it shall be unlawful to conduct an alarm monitoring business in the city unless such business has registered with the city as hereinafter provided. "Alarm monitoring business", shall mean any person, firm, or corporation engaging in the business of offering the service of receiving emergency signals from alarm devices or systems installed in residential, commercial or other premises, monitoring said signals, and relaying them to an emergency agency: (1) Each alarm monitoring business shall apply for registration to the Director of Licenses and Permits and supply therewith such information and documents as may be required by the Director, including, without limitation, (a) documentary evidence that such business is duly licensed by the State of New York to conduct its business, and (b) a certificate executed under the penalties of perjury by the chief operating official of such alarm monitoring business certifying and accounting for the number of customers in the city to which such alarm monitoring business provides service subject to registration required by subdivision E hereof. (2) Each registration shall expire on the next succeeding September 1 to occur after issuance and shall be renewable annually thereafter. (3) The fee for such registration and any renewals thereof shall be as provided in Chapter 175, Fees. Upon the payment of such fee and upon compliance with the provisions of this chapter, a certificate of such registration shall be issued by the Director of Licenses and Permits. D. Effective August 1,1993, except for property owned or operated by a federal, state or local government or agency thereof and except for museums, any person, firm or corporation owning or operating an alarm system or device which is directly connected by any electrical or electronic means, other than by an automatic telephone dialer, with a city police or fire station or other emergency agency operated by the city shall annually pay a fee as provided in Chapter 175, Fees. Nothing contained herein shall require the city to maintain or continue said direct connection and the city may discontinue such connection at its sole discretion. E. On the date of installation and on each annual anniversary thereafter of the installation of each alarm system or device installed on or after September 1, 1993, and on or after September 1, 1993 on the annual anniversary of installation of each alarm system or device installed prior to September 1, 1993, each alarm monitoring business shall, on behalf of the city, conduct the registration of each such individual alarm system or device located within the city which such alarm monitoring business monitors either directly or by a third-party, and it shall be the obligation of each owner or operator of an individual alarm system or device to so register. Such registration shall be accomplished by completing a multiple counterpart form supplied by the Director of Licenses and Permits which shall require such information as shall be specified by the Commissioner of Police and Commissioner of Fire. Such registration form shall include a unique registration number for each system. Such registration number shall be identified when the alarm monitoring business or its agents or employees requests assistance by the city police or fire departments by calling 911 or other public safety emergency response system as a result of an alarm being set off. Upon completion of the registration form with respect to any alarm system or device, the alarm monitoring business shall transmit the appropriate counterparts to the city agencies as shall be specified on the form and one counterpart shall be delivered to the owner or operator of such alarm system or device and shall serve as evidence of registration. The fee for such registration shall be as set forth in Chapter 175 - Fees, and shall be payable in advance by the alarm monitoring business upon acquisition of the registration forms. Each such alarm monitoring business is herewith authorized to collect from each owner or operator of each duly registered alarm system or device the amount equal to such registration fee for each such system or device registered, provided, however, in no event shall any such owner or operator be charged, directly or indirectly, more than the actual amount of such fee. F. Each failure to register or to comply with the provisions of subdivision C hereof shall be a violation punishable by a fine of $250 for the first offense and a fine of $500 for the second offense and each offense thereafter. For the purposes of the immediately preceding sentence, failure to register 30 days after the city has notified in writing an alarm monitoring business of such failure, shall be deemed a second offense. Each failure to register, to conduct or cooperate with such a registration, or to otherwise comply with the requirements of subdivision E hereof shall be a violation punishable by a fine of fifty dollars for the first offense, one hundred dollars for the second offense, and two hundred dollars for the third offense and each offense thereafter, provided, however, with respect to an owner or operator of an alarm system or device, the fine of $50 for the first such offense shall be abated upon presentation of evidence satisfactory to the city that (a) such offense would not have occurred except for the failure of an alarm monitoring business to comply with subdivisions C or E hereof, and (b) the alarm system or device which is the subject of such offence has been thereafter registered in full compliance with subdivision E hereof by an alarm monitoring business in full compliance with subdivision C hereof. G. The provisions of Section 165-17 requiring a permit for electrical work shall not apply to any fire or security alarm system installed prior to July 1, 1993 provided that such system has been otherwise installed and is operating in accordance with applicable law, and provided, further that such system has been registered in accordance with the provisions of this chapter. IT IS HEREBY CERTIFIED, pursuant to Section 34 of the Charter, that the immediate passage of the foregoing ordinance is necessary. APPROVED AS TO FORM Laurence K. Rubin Corporation Counsel PASSED. AYES- AMOS, BAKOS, BELL, COLLINS, FAHEY, FRANCZYK, HIGGINS, LOTEMPIO, PERLA, PITTS- 10. NOES- ARTHUR, COPPOLA, ZUCHLEWSKI- 3. No. 189 By: Mr. Collins Bond Resolution $350,000 Serial Bonds Reconstruction of the Animal Shelter Building Account 200-402-099 Bond Resolution of the City of Buffalo, New York, authorizing the issuance of $350,000 General Improvement Serial Bonds of said City, in addition to the $400,000 General Improvement Serial Bonds heretofore authorized, to Finance the Cost of the Partial Reconstruction of the Animal Shelter Building, at the Estimated Maximum Cost of $750, 000. The Common Council of the City of Buffalo, in the County of Erie, New York, hereby resolves (by the favorable vote of not less than two-thirds of all the members of said common council) as follows: Section 1. The Comptroller of the City of Buffalo, in the County of Erie, New York (herein called "City"), is hereby authorized and directed to issue General Improvement Serial Bonds of said City in the principal amount of $350,000, in addition to the $400,000 General Improvement Serial Bonds heretofore authorized, pursuant to the provisions of the Charter of said City and the Local Finance Law, constituting Chapter 33-a of the Consolidated Thaws of the State of New York (the "Law"); to finance the cost of partial reconstruction of the Animal Shelter building located at 380 Oak Street, and to purchase the original furnishings, equipment and apparatus required in connection with the purpose for which said building is to be used. The estimated maximum cost of said specific object or purpose for which the bonds authorized by this resolution are to be issued, including preliminary costs and costs incidental thereto and the financing thereof, is $750,000 a- set forth in the duly adopted Capital Improvements Budget, as amended, of said City for fiscal year 1993-94. Section 2. The proceeds of the sale of the bonds authorized by this resolution, or any bond anticipation notes issued in anticipation of the sale of said bonds, and the down payment from current funds, shall be deposited in the Capital Projects Fund to the credit of the Department of Public Works, Division of Buildings, "Reconstruction of Animal Shelter Building, 1993-94," Bond Authorization Account No. 0-402-099, and shall be used for the purpose specified in Section 1 of this resolution. Section 3. The City intends to finance, on an interim basis, the costs or a portion of the costs of said improvements for which serial bonds are herein authorized, which costs are reasonably expected to be incurred by the City, pursuant to this Bond Resolution, in the maximum amount of $350,000. This Resolution is a declaration of Official Intent adopted pursuant to the requirements of Treasury Regulation Section 1.103-18(a) through Section 4. The following additional matters are hereby determined and stated: (a) The existing building is of at least Class "B" construction as defined by Section 11.00 a. 11. (b) of the Thaw, and the period of probable usefulness applicable to the specific object or purpose for which the bonds authorized by this resolution are to be issued, within the limitations of Section 11.00 (a) 12 (a) (2) of the Local Finance Law, is fifteen (15) years. (b) Current funds are not required by the Thaw to be provided as a down payment prior to the issuance of the bonds authorized by this resolution or any bond anticipation notes issued in anticipation thereof in accordance with Section 107.00 d. 9 of the Law. Section 5. Each of the bonds authorized by this resolution and any bond anticipation notes issued in anticipation of the sale of said bonds and the renewals of said notes shall contain the recital of validity as prescribed by Section 52.00 of the Local Finance Law. Said bonds and said notes shall be general obligations of the City of Buffalo payable as to both principal and interest by a general tax upon all the taxable real property within said City without limitation as to rate or amount. The faith and credit of said City are hereby irrevocably pledged to the punctual payment of the principal of and interest on said bonds and said notes. Provision shall be made annually by appropriation by said City for the payment of interest on and for the amounts required for the amortization and redemption of said bonds and said notes. Section 6. The validity of the bonds authorized by this resolution or any bond anticipation notes issued in anticipation of the sale of said bonds, may be contested only if: (a) such obligations are authorized for an object or purpose for which the City of Buffalo is not authorized to expend money, or (b) the provisions of law which should be complied with at the date of the publication of such resolution are not substantially complied with, and an action, suit or proceeding contesting such validity, is commenced within twenty days after the date of such publication, or (c) such obligations are authorized in violation of the provisions of the constitution. Introduced: JUL 20, 1993 LAID ON THE TABLE. No. 190 By: Mr. Collins Transfer of Funds Exempt Items - Reserve for Capital improvements Capital Projects Fund - Division of Buildings That pursuant to section 42 of the Charter and the Certificate of the Mayor and the Comptroller submitted to the Common Council, the sum of $8,500 be and the same is hereby transferred from the Reserve for Capital Improvements account and said sum is hereby reappropriated as set forth below: From: 100 General Fund 81-9 - Exempt Items 842 - Reserve for Capital Improvements $8,500 To: 81-8 Interfund Transfers 010 - Transfer to Capital Projects Fund $8,500 From: 81-8 Interfund Transfers 010 - Transfer to Capital Projects Fund $8,500 To: 200 Capital Projects 40-2 - Division of Buildings 063 - Reconstruction - City owned Swimming and Diving Pools $8,500 PASSED. AYES- 13 NOES- 0. No. 191 Transfer of Funds Exempt Items - Reserve for Capital improvements Capital Projects Fund - Division of Buildings That pursuant to section 42 of the Charter and the Certificate of the Mayor and the Comptroller submitted to the Common Council, the sum of $30,000 be and the same is hereby transferred from the Reserve for Capital Improvements account and said sum is hereby reappropriated as set forth below: From: 100 General Fund 81-9 - Exempt Items 842 - Reserve for Capital Improvements $30,000 To: 81-8 Interfund Transfers 010 - Transfer to Capital Projects Fund $30,000 From: 81-8 Interfund Transfers 010 - Transfer to Capital Projects Fund $30,000 To: 200 Capital Projects 40-2 - Division of Buildings 010 - Dudley Branch Library (Roof) $30,000 PASSED. AYES- 13 NOES- 0. No. 192 By: Mr. Collins Capital Budget Amendment Addition to Capital Program 1993-94 That pursuant to section 359 of the Charter and the Certificate of the Mayor and the Comptroller submitted to the Common Council, the Capital Program for the fiscal year 1993-94 be and the same is hereby amended by adding the following item under the heading: 200 Capital Projects 717 - Department of Community Development 018 - Crossroads Arena Site Development $2,500,000 The indebtedness authorized for this project in the 1993-94 Capital Improvements budget is hereby increased from $5,150,000 to $7,650,000 and the total indebtedness authorization for the city (including $2,350,000 authorized in a prior fiscal year) is hereby increased to $10,000,000. PASSED. AYES- ARTHUR, BAKOS, COLLINS, COPPOLA, FAHEY, FRANCZYK, HIGGINS, LOTEMPIO, PERLA, PITTS- 10. NOES- AMOS, BELL, ZUCHLEWSKI- 3. No. 193 By: Mr. Collins WROTB - Increasing Cost of Operation -Continual Decrease in Return to Participating Municipalities Whereas: The Regional Off-Track Betting Corporation Law, enacted in 1973, divided New York State into seven regions in which Off-Track Betting Corporations could operate; and Whereas: The Western Region Off-Track Betting Corporation includes the counties of Cattaraugus, Cayuga, Chautauqua, Erie, Genesee', Livingston, Monroe, Niagara, Orleans, Oswego, Schuyler, Seneca, Steuben, Wayne, Wyoming, and the cities of Buffalo and Rochester; and Whereas: One of the primary purposes of the OTB system is to provide revenue to the participating cities and counties through the collection and distribution of net revenue and surcharge collections; and Whereas: Policies governing the revenue distribution formula, distribution of overhead costs, WROTB's 1988 decision to purchase rather than lease parlors, while holding back revenue for real estate transactions instead of distributing those monies to participating members, have created a downward spiral of return for members; and Whereas: In addition to the questionable business practices noted above, the betting handle over the last several years has decreased compounding the diminishing flow of revenue back to the participants; and Whereas: For the first four months of 1993, WROTB reported a 9.76% decrease in the handle compared to the same time period in 1992, and that net earnings for the four months of 1993 were down 34% over the same period in 1992; and Whereas: The disparity in the percentage decreases between handle and net earnings clearly demonstrates the poor management of WROTB and begs for an explanation of how a 9.76% drop in handle translates to a 34% drop in net earnings; and Whereas: Although revenues are down throughout its region, WROTB is always reluctant to close the unprofitable or minimally profitable betting parlors; and Whereas: In addition, new facilities, like the one in Niagara Falls, are built lavishly with little regard to construction or operating costs, creating an especially difficult task for the new parlors to become profitable; and Whereas: The Office of the New York State Comptroller annually reviews WROTB but admits in the cover letter that its examination is limited "It was not our objective to, and we do not, express an opinion on the financial statements of the corporation or provide assurance as to either its internal control structure or the extent of its compliance with statutory and regulatory requirements as well as guidance of the State Comptroller. The management of the Corporation is responsible for its financial affairs and for safeguarding its resources."; and Whereas: There is definitely a need for more restrictive regulations on the operation of WROTB and for more stringent review by the State Comptroller to ensure a better return of revenue to participating members; Now, Therefore, Be It Resolved: That the Common Council request the management of WROTB to furnish a report detailing the reasons for lower handle and much lower net earnings; and Be It Further Resolved: That this Honorable Body memorialize the New York State Legislature to review the total operation of WROTB to initiate changes for stricter guidelines of operation, more equitable distribution of revenue, and more accountability to the participating members; and Be It Finally Resolved: That the New York State Comptroller and the New York State Wagering and Racing Board increase the scope of their responsibilities in regard to examination of WROTB practices. ADOPTED. No. 194 By: Mr. Collins Ask Contractors to dedicate 10% of Contract Cost for Employment of Buffalo Public School Students Whereas: The Buffalo Board Of Education approves contracts to private contractors totaling millions of dollars each year; and Whereas: Buffalo Vocational Schools such as Hutch Tech, McKinley, Emerson, and Seneca Vocational train our children to enter the workplace with skills that will allow them to become self sufficient after their school obligations end; and Whereas: It seems it would be in the best interest of Buffalo Public High School students to work side by side with experience contractors ; and Whereas: The most likely place to start this program should be with contractors awarded work on Board of Education and City of Buffalo projects Now, therefore, be it resolved: That the Buffalo Board Of Education and the City of Buffalo insert language in its bid specs that will set aside 10% of the contract amount for the training of Buffalo Public School children. REFERRED TO THE SPECIAL COMMITTEE ON EDUCATION AND THE BOARD OF EDUCATION. No. 195 By: Mr. Coppola Referendum on Landlord Licensing Whereas: This Common Council is being asked to create legislation which would license absentee landlords; and Whereas: While it is imperative that this city's housing stock be preserved, it is also imperative that any law dealing with absentee landlords be fair and not punitive; and Whereas: As several members of this august body own income property, it would appear to be a conflict of interest to vote on this issue. Now therefore be it resolved that While this Common Council recognizes the need to preserve the city's housing stock, it also recognizes the need for fairness in this issue; therefore, we request a referendum in the November election on Landlord Licensing; and Be it further resolved that Corporation Counsel draft the specific language far the November ballot. REFERRED TO THE COMMITTEE ON LEGISLATION AND THE CORPORATION COUNSEL. No. 196 By: Mr. Coppola Request Update on CNG Conversion Whereas: The City of Buffalo began converting city-owned vehicles to compressed natural gas (CNG) in 1992; and Whereas: It would be helpful if this Common Council received periodic updates on the CNG conversion from the Commissioner of General Services. Now therefore be it resolved that This Common Council would appreciate the following information on CNG conversion from the Commissioner of General Services: 1. How many vehicles have been converted to CNG and from what departments? 2. Is there a projected date when a CNG tank will be installed in a convenient location within the city limits - 3. Have any statistics been compiled comparing CNG vehicles before and after conversion? ADOPTED. No. 197 By: Mr. Coppola Waive Fee for Altering Use of 65 Anderson Whereas: At a Common Council meeting held December 22, 1992, this body approved Resolution #112, Change Use of 65 Anderson Place; and Whereas: This is a property purchased in October, 1987, as a single-family residence, which the Department of Assessment has listed as a single-family residence since 1987; however the Department of Inspections has listed this property as a multiple dwelling as it was formerly a rooming house and had not been certified since 1975; and Whereas: The current owner of the property must apply for a reduction in use permit with an accompanying fee of $81 and must produce documentation of prior usage, of which she has no knowledge; and Whereas: While this Common Council approved that the city's records be changed to reflect the change in use, the pertinent legislation did not address the fee; and Whereas: It seems unfair that the burden of proof fall upon the current owner of 65 Anderson Place and that she be charged a fee to reduce the use of this property when she, in fact, purchased the property as a single-family residence and has no documentation of any prior usage. Now therefore be it resolved that This Common Council approves waiving the fee of $81 and the requirement of producing documentation of any prior usage for a reduction in use permit for 65 Anderson Place. ADOPTED. No. 198 By: Mr. Fahey Reopening the Continental Whereas: The Continental on Franklin Street has been a seminal institution in the development and nurturing of original, live music for Western New York; and Whereas: This club has recently been closed due to problems with licensing; and Whereas: As one of the few venues which encourage risk taking in the field of rock music, the Continental fills a vital cultural niche for our area; and Whereas: At a time when providing recreational and cultural outlets for youth is seen as vitally important, closing the Continental cuts off one of the few options available to young people looking for a lively night out dancing and listening to alternative rock music; and Whereas: While it is necessary that clubs operate in a safe and legal manner; it is also important that the city bureaucracy proceed at a deliberate and professional pace in processing license requests; and Whereas: It is in the interests of Buffalo's cultural vitality for the Continental to be reopened quickly if it can meet the reasonable requirements of the law; Now therefore be it resolved, that: This Common Council requests the Division of Licenses to file a report detailing the status of the relicensing of the Continental. ADOPTED. No. 199 By: Mr. Fahey Claim for Wages Various Employees Whereas: An agreement has been formulated with former employees of the Fire - boat Cotter to cover various aspects of their employment ; and Whereas: The Civil Service Commission has not yet approved this agreement ; and Whereas: To be compensated for work preformed, this Council must approve claims so the 5 employees in question can be paid ; and Whereas: A prior claim has already been approved for work performed up to and including July 4,1993 ; and Whereas: This situation with the Civil Service Commission will not be rectified until August ; and Whereas: The Council will be in recess and cannot approve claims during the month of August ; Now, therefore, be it resolved: That this Council authorize the Comptroller to issue payments to : George Evans, Michael Farrel, John Harter, Joseph Kalinowski, and William Robinson for time worked from July 5,1993 to and including September 6,1993. PASSED. AYES- 13 NOES- 0. No. 200 By: Mr. Fahey Request DEC and FBI Reports on Chemical Contamination and the Burning of Hazardous Wastes By North American Environmental Services, Industrial Realty and Funding Inc. and Associated Companies. Whereas: A group named Citizens Against Industrial Corruption (CAIG) has recently formed in response to alleged burning of hazardous wastes in the Riverside area; and Whereas: CAIG alleges that Industrial Realty and Funding Inc., the owner of the Kenmore Warehouse at Kenmore Ave. near Vulcan Street, has burned PCB contaminated oil and other wastes in its heating system, spewing contaminants into the surrounding neighborhood; and Whereas: CAIG alleges that these wastes were supplied by North American Environmental Services, and that Mr. Harold Schectman is a principal in both North American Environmental Services and Industrial Realty and Funding Inc.; and Whereas: This group claims that Industrial Realty and Funding Inc. and associated companies have also been involved with the dumping of toxic chemicals at several other sites, including the former GE building on Fillmore Avenue which the city has contracted to have demolished; and Whereas: In addition it is alleged that the same owner dumped asbestos and various chemicals at the former J.H. Williams plant; and Whereas: CAIG claims that they have submitted information to the NYSDEC and the FBI regarding these allegations; and Whereas: To protect the health and well being of the city's residents, it is in the interests of the city to investigate these claims, especially given the fact that the demolition of the GE building is imminent; Now therefore be it resolved, that: This Common Council requests the NYSDEC and the FBI to submit reports regarding allegations of chemical dumping at the former GE and J.H. Williams buildings and the burning of hazardous wastes at the Kenmore Warehouse. REFERRED TO COMMITTEE ON LEGISLATION, NEW YORK STATE DEPARTMENT OF ENVIRONMENTAL CONSERVATION AND THE FEDERAL BUREAU OF INVESTIGATION. No. 201 By: Mr. Franczyk Discharge Legislation Committee Amend. Ch. 264- License Rental Housing (Res 174, C.C.P., July 6, 1993) Whereas, the above item is currently tabled in the Legislation Committee, and Whereas, it is no longer necessary for this item to be considered by that committee, Now Therefore Be it Resolved, that this Common Council does hereby discharge the Legislation Committee from further consideration of this item, and the item is now before the Common Council for its consideration. LOST. AYES- AMOS, BAKOS, FAHEY, FRANCZYK, HIGGINS, LOTEMPIO- 6. NOES- ARTHUR, BELL, COLLINS, COPPOLA, PERLA, PITTS, ZUCHLEWSKI- 7. No. 202 By: Mr. Franczyk Gaming of Members To Common Council Task Force To Examine Consequences Of Church Closings Upon Fillmore District Neighborhoods Whereas: The Roman Catholic Diocese of Buffalo has announced that it will close four Polish-American parishes located in the Fillmore District; and, Whereas: On June 11, 1993, this Honorable Body approved a resolution to "Establish Common Council Task Force to Examine Consequences of Church Closings Upon Fillmore District Neighborhoods"; and, Whereas: The intent of the resolution approved on June 11, was to create a task force that would " examine the immediate and long-term effects of the parish closings on the East Side including, but not limited to the following topics: A) The securing and disposition of real property held by closed parishes, B) The possible stripping and sale of building fixtures, stained glass and other artifacts to antique dealers and salvagers, C) The disposition of records and historical items specifically related to the ethnic heritage of the parishes and not religious in nature, D) The role of the Diocese in assisting the city, neighborhood residents and non-profit organizations fight the blight that seriously affected the community served by the closed and not yet closed parishes;" and, Whereas: This Honorable Body further resolved that the task force "shall be composed of neighborhood residents, representatives of neighborhood non-profit corporations and other interested parties and not to exceed twelve members.. Now Therefore Be It Resolved That: This Common Council appoint the following six members of the community to the above-mentioned task force with the remaining members to be named at a later date: 1. Nick Cintorino 679 Bailey Avenue, Buffalo 2. Mary Ann Blachowicz 20 Miller Avenue, Buffalo 3. William Falkowski 288 Weimar, Buffalo 4. William Ratajczak 39 Kent, Buffalo 5. Phil Nasca 12 Woodley Road, Buffalo 6. Dan Glowacki 121 Parkside, Buffalo ADOPTED. No. 203 By: Mr. Franczyk Placing A banner Across Main And Goodell For Meals On Wheels Volunteer Recruitment Drive Whereas: Meals on Wheels has long been a service to Buffalo and Erie County; and Whereas: Meals on Wheels runs on the basis of a strong volunteer following; and Whereas: It is necessary to encourage new volunteers to keep the program alive. Now Therefore Be It Resolved That: Meals on Wheels, of 775 Main Street, be allowed to erect a banner across Main and Goodell Streets for the purpose of recruiting new volunteers, and the length of time this banner shall hang shall be governed by the established guidelines of the Public Works Department. PASSED. AYES- 13 NOES- 0. No. 204 By: Mr. Higgins Funding for the Waterfront Greenway Trail Whereas: The Waterfront Greenway Trail is the centerpiece of Buffalo's waterfront revitalization effort because it establishes the principle that the waterfront is for public use and that accessible green space should be prominent and connected throughout the Buffalo waterfront; and Whereas: To date little money has been identified to design and build the trail and it is clear that block grant funding and city capital spending will need to be augmented from other sources to successfully construct the trail; and Whereas: The federal Intermodal Surface Transportation Act (ISTEA) provides that 10% of the federal transportation funds apportioned to a state only be available for transportation enhancement activities; and Whereas: Number one on the list of eligible transportation enhancement activities is "Provision of facilities for pedestrians and bicycles"; and Whereas: In addition, several other eligible activities can be related to the trail including: "acquisition of scenic easements and scenic or historic sites", "historic preservation", "landscaping and other scenic beautification", and "preservation of abandoned railway corridors including the conversion thereof for pedestrian or bicycle trails" ; and Whereas: It is both fitting and critical that Buffalo apply for ISTEA money to help attain the vision of the Waterfront Greenway Trail; Now therefore be it resolved, that: This Common Council requests the Department of Community Development to take the lead in applying for ISTEA funds to design and construct the Waterfront Greenway Trail and requests the Department to respond in writing to the Council by July 30 regarding its capacity and willingness to undertake this ADOPTED. No. 205 By: Mr. Higgins Payment of Certain Small Claims Whereas, the Common Council, by Item No. 184, C.C.P., June 26, 1979, established a specific procedure for payment of claims of $100.00 or less and Claims under Section 207 (a) and (c) of the General Municipal Law, which pertain to medical bills of Policemen and Firemen in any amount; and Whereas, the subject claims are eligible for consideration under the said procedure; and Whereas, the Department of Law has verified the validity of the claims and recommend payment thereof; Now Therefore, Be It Resolved: That the Comptroller be, and hereby is authorized to make payment of the following claims, and that said payment be charged against the "Judgment and Claims Account" in the Department of Law: 1. Buffalo Columbus Hospital Claim for prior fiscal year invoice for services rendered to Police Officer Thomas Keane Jr. $ 115.43 2. William Dill Claim for reimbursement of petty Cash money from a prior fiscal year from the Fire Department due to lost invoices. $ 35.76 3. Hello Direct, Inc. Claim for prior fiscal year Invoice #518688007 for services rendered to the Fire Department. $ 64.95 4. Saint Joseph Hospital Claim for prior fiscal year invoice for services rendered to Police officer, Rene Gil. $ 23.29 5. West Publishing Company Claim for prior fiscal year Invoice #67881054 for services rendered to the Police Department. $ 90.50 6. Western New York Physical Therapy Group Claim for prior fiscal year invoice for services rendered to Firefighter, Michael Petrik. $ 38.02 Investigation by the Department of Law reveals that the above claims are valid and payment is hereby recommended. PASSED. AYES- 13 NOES- 0. No. 206 By: Mr. Higgins Maintenance Agreement- Tifft St. Bridge over Conrail Whereas, the New York State Department of Transportation ha: submitted a proposed agreement by which the city of Buffalo is to maintain a portion of the structure over Conrail and various railroads identified as BIN 2-26064-0, and related approach work, as shown on the contract plans, and to be designated as New York Project Number 5752.78.121, and said proposed agreement also provides for the City of Buffalo to request the Department of Transportation to submit the aforementioned project with the recommendation that they be approved by the Administrator of the United States Federal Highway Administration and that if such project is approved and constructed by the Department and the Administrator of the United States Federal Highway Administration, the City of Buffalo will thereafter, at its own cost and expense, maintain the project in a manner satisfactory to the Department of Transportation and the Administrator of the united States Federal Highway Administration, or their authorized representatives, and make ample provision each year for such maintenance. THEREFORE, BE IT RESOLVED, that the city of Buffalo maintain such highways and portion of the structure and guarantee the maintenance of such highways and portion of the structure when constructed and will pay the cost of such maintenance and will maintain the project in a manner satisfactory to the New York state Department of Transportation, or its authorized representatives, and will make ample provisions each year for such maintenance, and BE IT FURTHER RESOLVED, that the New York state Department of Transportation submit such project to the Administrator of the united States Federal Highway Administration and recommend to him the approval of the same for construction, and BE IT FURTHER RESOLVED, that the city of Buffalo approves the sidewalks shown on the plans relating to the project and that the City will maintain or cause to be maintained the sidewalks constructed, and BE IT FURTHER RESOLVED, that the Mayor is authorized to enter into an agreement with the State Department of Transportation for the maintenance described above. PASSED. AYES- 13 NOES- 0. No. 207 By: Messrs. Higgins and Franczyk Include Greenway Trail Component in Repair of Ohio St. Bridge Whereas: Item #24 C.C.P. July 20, 1993 calls for the Council to adopt an authorization agreement for the reconstruction of the Ohio Street bridge; and Whereas: Ohio Street runs parallel to the Buffalo River and is one of only two direct routes connecting downtown with the Outer Harbor area; and Whereas: Ohio Street will be an increasingly important transportation route as Buffalo's waterfront is revitalized; and Whereas: The draft Buffalo LWRP features the Waterfront Greenway Trail as a priority project and part of the Industrial Heritage section of the Trail is currently projected to run along Ohio Street near the Buffalo River; and Whereas: It would be beneficial to develop and improve Ohio Street's capacity to serve as a pedestrian and bicycle link between the Outer Harbor, the Buffalo River and downtown; and Whereas: This Council recently secured pedestrian and bicycle access to the new Tifft Street bridge and that success should be replicated throughout the waterfront as transportation projects take shape; Now therefore be it resolved, that: This Common Council requests that a Greenway component, consisting of pedestrian and bicycle access, be part of the reconstruction of the Ohio Street bridge and authorizes the reconstruction agreement with that condition; and Be it further resolved, that: Copies of this resolution be sent to the NYSDOT and the Department of Public Works along with an invitation to meet with interested Councilmembers regarding the design of a Greenway component for this bridge. ADOPTED. No. 208 By: Mr. Higgins Discharge Legislation Committee Ord. Amend. Chapter 249 - Inspections Whereas: Item #7, No.121, C.C.P. June 22, 1993 has been tabled by the Common Council's Committee on Legislation; and Whereas: It is no longer necessary for the item to be considered by that Committee; Now, Therefore Be It Resolved: That this Common Council does hereby discharge the Committee on Legislation from consideration of Item #7, No. 121, C.C.P. June 22, 1993, "Ord. Amend. Chapter 249 - Inspections". AYES- AMOS, BAKOS, BELL, COLLINS, FAHEY, FRANCZYK, HIGGINS, LOTEMPIO, PERLA, ZUCHLEWSKI- 10. NOES- ARTHUR, COPPOLA, PITTS- 3. Mr. Higgins now moved to approve the above item. Seconded by Mr. Bakos. PASSED. AYES- AMOS, BAKOS, FAHEY, FRANCZYK, HIGGINS, LOTEMPIO, PERLA,- 7. NOES- ARTHUR, BELL, COLLINS, COPPOLA, PITTS, ZUCHLEWSKI- 6. No. 209 By: Mrs. LoTempio Engrossed Copy Berzon In Memoriam Now, therefore, be it resolved: That this Common Council authorize an engrossed copy of an In Memoriam for Marci Berzon, to be prepared at a cost not to exceed $80.00. ADOPTED. No. 210 By: Mrs. LoTempio Overtime Pay - Deputy Police Commissioner Resolved, that this Council goes on record as making it clear that this action is being taken solely because of the unique and non-recurring nature of the World University Games, and of the insistence by the Games officials and the State Police coordinator that a Deputy Buffalo Police Commissioner be on duty at all times at the Command Post when games were taking place in Buffalo, and the commitment of the state to reimburse the City for their overtime; and be it further Resolved, that this Council clearly intends that nothing herein shall be construed to alter in any way the fact that Commissioners and Deputy Commissioners are exempt from the overtime requirements of the Fair Labor Standards Act as bona fide executive or administrative personnel, pursuant to Sec. 13(a)(l) of the Act. REFERRED TO THE COMMITTEE ON CIVIL SERVICE. No. 211 By Mrs. LoTempio, Mssrs. Bell and Fahey Ordinance Amendment Chapter 75 - Amusements The Common Council of the City of Buffalo does hereby ordain as follows: That subsection B of Section 75-18 of Chapter 75 be amended to read as follows: 75-18 Coin-controlled amusement devices. B. License required (1) Licenses and approvals (a) Nothwithstanding any other provisions of the chapter, no person shall place or deliver or use or permit the use or operation of a coin-control led amusement device upon any premises or location in the city until; (1) The location of the establishment or premises where such device is to be used or operated and the responsible operator of such establishment or premises shall have been approved by the Commissioner of Police and the Director of Licenses and a license for the location has been issued by the Director of Licenses based on such approvals: and (2) A license in accordance with this section to use or operate or permit the use or operation of the device upon the approved premises shall have been obtained from the Director of Licenses by the [owner of such device] operator of such establishment or premises. (b) Each approved location shall have attached thereon the location's license, signed by the Director of Licenses and Permits. (c) A device becoming out-of-order or otherwise inoperative shall be clearly designated by a placard or sign or shall be removed from access by the public. The application for the approval and issuance of a license for a coin-controlled amusement device location and the operator thereof shall be made by the owner or operator [device] location and shall be on the form or forms required by the Director of Licenses and Permits. and that subsection (2) of Section 75-18B be amended to read as follows: (2) Application for approved license: The owner [of a coin-controlled amusement device] or operator of the establishment or premises upon which one or more coin-controlled amusement devices are located, when applying for the licensing of the location and before such location may be licensed [at or upon any premises for use or operation], shall make a sworn application to the Director of Licenses and Permits for the necessary approved license, upon blanks to be furnished by the Director, giving the following information: Approved as to form Laurence K. Rubin Corporation Counsel NOTE: Matter in brackets [ ] to be deleted; matter underlined is new. REFERRED TO THE COMMITTEE ON LEGISLATION. No. 212 By: Mr. Perla Draft Legislation to Amend the Zoning Ordinance for Housing For Special Populations and Institutional Uses WHEREAS, The City of Buffalo has historically been the primary location for housing and services for special populations and is continuing to experience an influx of proposals to establish additional such facilities; and, WHEREAS, This influx has met with great concern by many community residents adjacent to proposed housing and service facilities; and, WHEREAS, These community residents have voiced this concern based on the impact upon the quality of life, public health, safety, and welfare of their community; and WHEREAS, Questions have been raised as to why housing and service facilities for special populations in most cases are not required to be reviewed and approved by the Common Council which in turn would offer a voice to concerned community residents; and WHEREAS, Existing City ordinances do not appear to adequately address housing and service facilities for special populations; NOW, THEREFORE, BE IT RESOLVED: That the Common Council request that the City of Buffalo Planning Board thoroughly reassess the Zoning Ordinances applicable to such facilities including but not limited to 511-94, 511-20 Sec. C, 511.55 D&E, and 511-4; and BE IT FINALLY RESOLVED: That the Common Council request the Planning Board draft appropriate amendments to enable the Common Council to have approval powers over locations of Housing and service facilities for special populations to allow the Council to better represent the best interests of all its constituents. ADOPTED. No. 213 By: Mr. Perla Ordinance Amendment New Chapter 141 Collection of Arrears The Common Council of the City of Buffalo does hereby ordain as follows: That a new Chapter 141 be added to the Codes of the City of Buffalo, with Section and Section Headings to read as follows: Chapter 141 Collection of Arrears 141-1 : Legislative Intent 141-2 : Collection of Arrears 141-3 : Definitions 141-4 : Procedures 141-5 : Outstanding Obligations 141-6 : Effective Date ARTICLE I 141-1. Legislative Intent. The Common Council of the City of Buffalo finds that the collection of various debts owed to the City of Buffalo, its agencies and authorities is presently in a disorganized and inefficient state of affairs. The City Charter, Section 113, provides that all unpaid accounts be turned over to the City Comptroller for collection with the assistance of the Corporation Counsel. The intent of this ordinance is to codify procedures and responsibilities in the area of collections. These procedures shall be enforced by the City Comptroller under his authority granted by the City Charter. The Comptroller shall also make available an annual report detailing the operations under this section and any recommendation for changes in the legislation to better facilitate the collection operation. 141-2. This Section be Titled "Collection of Arrears" 141-3. Definitions. (A) Arrears. All receivables due and owing to any City of agency or department under the jurisdiction of the City Comptroller, unpaid over 90 days from the date of issuance. (B) Receivables. All billings including but not limited to property taxes, water bills, sewer rent charges, demolition costs, parking tickets, and other billings issued by any City department or agency. 141-4. Procedures. (A) Each City agency or department which creates a receivable shall promptly refer all arrears to the Comptroller's Division of Collections in a manner prescribed by the Division of Collections. (B) Upon referral of an arrears item to the Division of Collections, a fee shall be added in accordance with Chapter 175 herein. (C) The Division of Collections shall perform necessary collection and billing of said arrears accounts with the assistance of the Department of Law as required. (D) The Division of Collections, in accordance with General Municipal Law, may engage the services of private credit or collection agencies and other professional services, as required. (E) The cooperation of all affected departments and agencies is hereby required. (F) The Comptroller will prepare an annual report detailing the monies and fees collected and expended. (G) Any and all fees collected upon arrears pursuant to Section 175 shall be placed in a separate Trust & Agency Account for use by the Division of Collections in its continuing operations. Any amounts exceeding the costs of operation shall be deposited to the City General Fund. (H) Only the Comptroller's Division of Collections shall be the centralized collection agency for all arrears owed to the City of Buffalo, its affected departments and agencies. 141-5. Outstanding Obligations. Any person, individual, corporation or other entity shall not be permitted to contract with, be licensed by, or do business with the City of Buffalo, its Departments, Boards or Agencies, without official certification by the Division of Collections that all outstanding obligations or arrears owed to the City, its Departments, Boards or Agencies, are satisfied. 141-6. Effective Date. It is hereby certified, pursuant to Section 34 of the Charter of the City of Buffalo, that the Immediate passage of the foregoing Ordinance is necessary. REFERRED TO THE COMMITTEE ON LEGISLATION. No. 214 By: Mr. Perla Ordinance Amendment to Chapter 175 "Fees" The Common Council of the City of Buffalo does hereby ordain as follows: That Chapter 175 be Amended to add to the Code of the City of Buffalo fees for Collection of arrears pursuant to Chapter 141 herein. CHAPTER 175 CHAPTER 141 - FEES (A) Minimum charge to all arrears as defined in Chapter 141 shall be $3.00. (B) Additional charge to be added to all arrears sent to an outside credit or collection agency shall be assessed to the account as the actual amount charged by the vendor to collect the debt or $1,000.00, whichever is less. (C) Maximum additional charge for in-house collection of arrears six (6) months overdue: $40.00 or 15% of total outstanding, whichever is less. (D) One or more of these charges shall be added to the collection of arrears, per Chapter 141 herein, not to exceed the actual costs expended in the collection of that account. (E) All fees recovered are to be deposited and accounted for pursuant to Chapter 141. (F) These fees shall be in addition to statutory interest and costs. It is hereby certified, pursuant to Section 34 of the Charter of the City of Buffalo, that the Immediate passage of the foregoing Ordinance is necessary. REFERRED TO THE COMMITTEE ON LEGISLATION. No. 215 By: Mr. Perla Change of Parking Seventh Street WHEREAS: Residents of Seventh Street have submitted a petition (attached) requesting that parking be allowed on both sides of Seventh Street from Connecticut Street to Busti Avenue throughout the day and evening from May 1 through October 30th and; WHEREAS: The residents of Seventh Street are aware that parking can only be allowed on one side of the street from November 1st through May 1st for purposes of snow removal; WHEREAS: This change in parking restriction would allow for additional parking for these residents; WHEREAS: The Department of Public Works denied this request for a change in parking on May 19, 1993 and; WHEREAS: Despite this denial, residents of Seventh Street have requested the assistance of the Buffalo Common Council in having these parking restrictions changed; and NOW, THEREFORE BE IT RESOLVED THAT: The Buffalo Common Council approve the request of the change of parking restrictions on Seventh Street between Connecticut and Busti from May 1st through October 30th and; FURTHER IT BE RESOLVED THAT: The Buffalo Common Council direct the Department of Public Works to prepare the appropriate documentation to enact this change. ADOPTED. No. 216 By: Mr. Perla Commissioner of Inspections and Community Revitalization file comprehensive City Housing Plan Whereas: The future of Buffalo's housing stock is of great concern to citizens and public officials alike; and Whereas: The revitalization of Buffalo's neighborhoods must be accomplished if our city is to attract owner occupied homeowners and taxpayers to our city ; and Whereas: While inspections of properties and the building of new homes have occurred for the last 16 years, Buffalo is losing the fight to save our housing stock; and Whereas: The city of Buffalo must have a detailed and realistic plan that will set forth the Department of Inspection and Community Revitalization's goals that can realistically be met with the dollars available to it and Whereas: A plan of this nature needs to be filed with the Common Council so a complete and pragmatic picture of Buffalo's housing ills can be targeted and dealt with accordingly Now, therefore, be it resolved: That the Corporation Counsel draft an ordinance that will direct the commissioner of Inspections and Community Revitalization to file with the Common Council a detailed and comprehensive plan for the revitalization of Buffalo's neighborhoods ; and Be it further resolved: That this plan be thorough regarding code enforcement, grant programs, new housing strategies, and personnel deployment ; and Be it finally resolved: That this plan be updated and filed annually by the first day of December. ADOPTED. No. 217 By: Messrs. Perla and Zuchlewski Explore the Possibility of Using Residential Parking Permits in Specified Problem Parking Areas throughout the City of Buffalo Whereas: The simple task of locating a parking space on many streets within the city of Buffalo can turn into a nightmare especially if trying to do so in the late evening hours; and Whereas: The situation is magnified in the residential areas along the Elmwood Ave. Strip and areas abutting the Buffalo State Collage campus due to the high rate of transient traffic causing parking overflow on residential streets; and Whereas: The residents of the neighborhood streets surrounding areas containing excessive nightlife traffic and transient parking suffer a shortage of parking spaces a reasonable distance from their homes and often must park a long distance away or face the consequences of parking illegally; and Whereas: The parking needs of the residents should take precedence over the parking needs of transient motorists; and Whereas: Issuing Residential Parking Permits may be a logical approach to help alleviate this unfair situation. Now, Therefore Be It Resolved That: This Common Council directs the Common Council Staff to research the concept of Residential Parking Permits being used to assist in municipal parking control. ADOPTED. No. 218 By: Mr. Pitts Permission to Erect Banner Hispanic Heritage Festival Whereas: On Saturday, September 11, and Sunday, September 12, 1993, the Seventh Annual Hispanic Heritage Festival will be held in the City of Buffalo at the Father Belle Community Center, sponsored by Los Tainos Senior Citizen Organization; and Whereas: During the National Hispanic Heritage Month of September 1993, we will pay tribute to the Hispanic Community, whose composition of different nationalities and struggles has enhanced and influenced life as we have come to know it in the United States; and Whereas: he Hispanic Heritage Festival Committee has requested permission to erect a banner across Niagara Street near Maryland Street to promote the Hispanic Heritage Festival. Now Therefore Be It Resolved: That this Common Council grant permission to the Hispanic Heritage Festival Committee to erect a banner across Niagara Street near Maryland Street from August 13, 1993 to September 13, 1993 promoting the Seventh Annual Hispanic Heritage Festival; and Be It Further Resolved: That said banner be erected subject to the conditions set forth by the Commissioner of Public Works. PASSED. AYES- 13 NOES- 0. No. 219 By: Mr. Pitts Stop Use of Lead to Repair Water Distribution System Whereas: It has recently come to light that the city Division of Water uses lead for the emergency repair of water pipes; and Whereas: This Council held a hearing on Tuesday, July 13, 1993 during which it was established that this practice is prohibited by the State sanitary code and is unwise given federal health-based mandates to keep lead out of drinking water systems; Now therefore be it resolved, that: This Common Council requests the Division of Water to discontinue the use of lead on the water distribution system and to properly dispose of any lead the city has in stock, and if lead is ever used in the fixture that such use be reported immediately to the Council; and Be it further resolved, that: The Division of Water, the joint City-County Lead Action Task Force, and the New York State Department of Health are requested to cooperate in identifying viable alternatives to the use of lead for repairs; and Be it further resolved, that: This Council requests the Division of Water to commission a written report by an independent consultant which would document the extent of lead in the water system, identify data gaps, propose techniques for filling those gaps, assess future liabilities the city faces relative to lead, propose ways to minimize any potential liabilities, analyze data the city has received to date from lead and copper testing, and propose techniques to minimize health risks from lead in the city's drinking water; and Be it further resolved, that: The Division of Water is requested to file an initial response to these requests with the City Clerk by Thursday, August 5, 1993 Be it finally resolved, that: The City Clerk be directed to send certified copies of this resolution to the NYS Department of Health and the joint city-county Lead Action Task Force. ADOPTED. No. 220 By: Mr. Pitts New Article X added to Chapter 6 of the Ordinances of the City of Buffalo - Office of Cable Communications and Franchise Management The Common Council of the City of Buffalo does hereby ordain as follows: That new article X be added to the head of Chapter 6 of the Ordinances of the City of Buffalo as follows: Article X - Office of Cable Communications and Franchise Management- CATV Advisory Board SEC. 6-54 Declaration of Policy 6-55 Office of Cable Communications and Franchise Management Established 6-56 Appoint and Qualifications of Director 6-57 Powers, duties and Functions of the Director 6-58 CATV Advisory Board Established 6-59 Membership 6-60 Bylaws 6-61 Functions of the Board That a new Article X be added to Chapter VI of the Ordinances as follows: Article X - Office of Cable Communications and Franchise Management SEC. 6-54 Declaration Policy. The Common Council of the City of Buffalo hereby finds and declares that the cable television subscribers are entitled to the best possible service and efforts should be made to ensure that cable operators are complying with its franchise agreements with the city. It is, therefore, in the best interest of the city that an office of cable communications and franchise management and a CATV advisory board be established. That office would be charged with advising the city on franchise compliance assisting various city departments in franchise-matters, monitoring access operations, serving as a liaison between the public and the cable company, keeping apprised the city of national and local developments in cable communications, and recommending policies and procedures pertaining to cable communications to the city. SEC. 6-55 Office of Cable Communications and Franchise Management Established. There is hereby established the office of Cable Communications and Franchise management, to be administered by a director who shall be the head of the office. SEC. 6-56 Appointment and Qualifications of Director The director shall possess the ability to prepare clear, comprehensive technical and administrative reports. SEC. 6-57 Powers, Duties and Functions of the Director The duties of the director shall include: a) Submission of an annual report to the Common Council, Comptroller and Mayor on or before the thirty-first day of March each year. Said report shall include: an analysis of the cable company's compliance with the requirements of the franchise agreement; an explanation of any legislative or technical development that may impact upon the field of cable communications. b) Serve as a liaison for the city with the cable operator, state and federal authorities concerned with cable communications and with any organizations established to administer access channels. c) Receive and investigate complaints concerning the operation of the system. d) Receive and reviews all data and reports and makes such recommendations to the Common Council and Mayor as warranted. e) Coordinates and oversees development of the government access channel. f) Monitor the operators compliance with the franchise agreement and assist all appropriate city departments responsible for some aspect of the franchise agreement. g) Report to the Council and the CATV advisory Board on a regular basis and make policy recommendations. h) Recommend studies, surveys or another action to ensure the cable company's compliance with the franchise agreement and to foster the development of advanced cable technology in the City of Buffalo. SEC. 6-58 CATV Advisory Board There is hereby established a CATV Advisory Board in the City of Buffalo. SEC. 6-59 Membership. The board shall consist of seven members appointed by the Common Council. The terms of the members shall be for three years, except that of the members first appointed, two shall serve for a period of one year and two shall serve for a period of two years. All members shall serve without compensation. SEC. 6-60 Bylaws The board shall adopt its own bylaws and elect its own chair. The Board shall hold at least six meetings a year, and keep an accurate record of its meetings and activities. SEC. 61 Functions of the Board The CATV Advisory Board shall make recommendations to the council, mayor and comptroller as requested or deemed appropriate regarding policies related to cable communications in the City of Buffalo. REFERRED TO THE SPECIAL COMMITTEE ON CATV AND THE CORPORATION COUNSEL. No. 221 By: Mr. Pitts Annual Spiritual Tent Revival Whereas: On July 27 through July 31, 1993 the Missionary Church of Christ, Inc. will hold its Annual Spiritual Tent Revival. This Christian celebration marks the coming together of all the Christian churches on the lower westside of Buffalo, and Whereas: The Spiritual Tent Revival will be held at the Hudson Street Park. Literally hundreds of ministers, saints and seekers will pause five days and give joyous praise to the Lord, and Whereas: In order to recognize this wonderful occasion the City of Buffalo must give permission to use the park and erect a banner, and Now Therefore Be It Resolved That: The Common Council approves the use of the Hudson Street Park for the Annual Spiritual Tent Revival. Further Be It Resolved That: The Common Council approves the placement of a banner at Maryland and Niagara Street subject to conditions established by the department of Public Works. PASSED. AYES- 13 NOES- 0. No. 222 By: Mr. Pitts Tax Exemption Plan - 211 Eagle WHEREAS, the Ellicott Mall Redevelopment Project is of vital public interest to the City of Buffalo, and, WHEREAS, the first such phase of redevelopment will include State financing for the redevelopment of 211 Eagle Street for low-income households, and, WHEREAS, such redevelopment will qualify for and is in need of real property tax exemptions as permitted by Articles 5, 11 and/or XVI11-A of the Private Housing Finance Law; NOW, THEREFORE, BE IT RESOLVED, That the tax exemption plan proposed by the Commissioner of Inspections and Community Revitalization for 211 Eagle Street be and hereby is approve provided, however, that such periodic review to be done by the Common Council with the exemption to be limited to a period not to exceed 20 years. PASSED. AYES- 13 NOES- 0. No. 223 By: Mr. Pitts Placement of a Traffic Signal at the Intersection of Washington and St. Michael's Streets Whereas: The intersection at Washington and St. Michael's Streets is a source of traffic problems. Recently, the Department of Public Works installed additional paving markings and replaced crossing signs, and Whereas: This intersection has had numerous accidents and near accidents. It is the entrance to the Cinema Theatre particularly from the parking lot on Washington Street, and Whereas: The intersection is also right at the drive through for McDonald's Restaurant. This causes additional safety concerns, and Whereas: The Department of Public Works has agreed to place a traffic signal, pedestrian activated at the inter section if monies can be found. Now Therefore Be It Resolved That: The Common Council approve the placement of a traffic signal at the intersection of Washington and St. Michael's Street. Further Be It Resolved That: The funds be provided out of the Ellicott District Block Grant funds. ADOPTED. No. 224 By: Mr. Pitts Peach Street Adopt a Block Program Whereas: Citibank and the James Management Company have expressed an interest in developing an Adopt-A-Block Program for Peach Street. This program would build new houses and rehabilitate existing structures, and Whereas: Peach Street was preselected because of the excellent "before" and "after" potential. There are an adequate number of vacant lots and sound houses for rehabilitation to provide a balanced approach to redevelopment, and Whereas: This public private venture would be similar to the ne of Eureka Street, where the City of Buffalo is providing support for new infrastructure and the provision of City-owned lots. Now Therefore Be It Resolved That: The Common Council approves the Peach Street Adopt-A-Block Program. Further Be It Resolved That: The Common council approves the reservation of City-owned lots on Peach Street for the program. ADOPTED. No. 225 By: Mr. Pitts Allocation of Block Grant Funds to the Waterfront Horizon's Commission Study Whereas: The Waterfront Horizon's Commission is currently finalizing its study of the first phase of the Commission's plan for the City of Buffalo. This study will include the newly proposed Inner Harbor and Memorial Auditorium conversion in conjunction with the new Crossroads Arena, and Whereas: With the new Arena and Inner Harbor proposal, the cost of the original study has increased. The Horizon's Commission has requested that the City of Buffalo contribute to the study, and Whereas: The Horizon's Commission has requested that the City of Buffalo contribute approximately $35,000 to complete the study. Now Therefore Be It Resolved That: The Common Council request the Mayor to identify approximately $35,000 in Block Grant monies for the first phase study of the Horizon's Commission. ADOPTED. No. 226 By: Mr. Pitts Amendment to the Waterfront Redevelopment Project No. NYR-35 Urban Renewal Plan - Crossroads Redevelopment Area Amendment Whereas, on October 22, 1963, the Common Council approved the Waterfront Redevelopment Project Urban Renewal Plan as a way to plan and control development on the waterfront for a period of 50 years; and Whereas, based on recent proposals regarding a large-scale, economic development project, which includes the construction of a new sports and entertainment complex, it has been determined that it would be beneficial to the City of Buffalo to expand the existing boundaries of the Waterfront Urban Renewal Area to accommodate this development; and Whereas, the project area is located within a 22+/- acre area bounded by Perry, Washington, and Scott Streets on the north; Main Street on the west, Columbia Street on the east, and South Park Avenue on the south; and Whereas, on January 19, 1993, the Common Council approved the Urban Renewal Plan Site Designation for the Crossroads area; and Whereas, the Site Designation approval, which is the first step in the urban renewal planning process as required under Sub division 3 of Section 502 of Article 15 of the General Municipal Law, gave the Department of Community Development the authority to determine if this project area met the "slums and blight" criteria of the federal government; and Whereas, the studies have shown the condition of the buildings and infrastructure to be blighted to the degree that the targeting of major public and private investment is needed to have any significant impact on improving the area; and Whereas, the Department of Community Development hired the firm of Ecology and Environment, Inc. to prepare the Crossroads area amendment to the Waterfront Urban Renewal Area. The plan will allow for the acquisition and assembly of vacant and/or underutilized properties to serve as an appropriate site for a new sports and entertainment complex; and Whereas, the City Planning Board gave its unqualified approval to the plan amendment at a special meeting/public hearing held on July 19, 1993. Now, Therefore, Be It Resolved: 1. That the City Clerk is hereby directed to publish the notice attached here to and marked "Notice of Hearing" in the Buffalo News and the City Record, no later than August 28, 1993. 2. That this Common Council will conduct a public hearing on the matters stated in said "Notice of Hearing" at 2:00 p.m. in the Council Chambers on Tuesday, September 7, 1993. ADOPTED. No. 227 By: Mr. Pitts Discharge Special Committee on CATV Committee BCAM 1993/94 Budget (#75 5/11) (No. 159, C.C.P., July 6, 1993) Whereas, the above item is currently tabled in the Special Committee on CATV, and Whereas, it is no longer necessary for this item to be considered by that committee, Now Therefore Be It Resolved, that this Common Council does hereby discharge the Special Committee on CATV from further consideration of this item, and the item is now before the Common Council for its consideration. ADOPTED. Mr. Fahey now moved to Receive and File the above item. Seconded by Mrs. LoTempio. ADOPTED. No. 228 By Mr. Pitts Discharge Special Committee on CATV Committee BCAM Revised 1993/94 Budget (No. 96, C.C.P., July 6, 1993) Whereas, the above item is currently tabled in the Special Committee on CATV, and Whereas, it is no longer necessary for this item to be considered by that committee, Now, Therefore, Be it Resolved, that this Common Council does hereby discharge the Special Committee on CATV from further consideration of this item and the item is now before the Common Council for its consideration. Mr. Pitts moved That the B-Cam budget, as contained in item No. 96, C.C.P., July 6, 1993, be and hereby is approved to the extent of a total 1993-94 fiscal year budget of $80,689.18, with each budget line to be adjusted proportionately. Any unspent funds from the 1992-93 fiscal year may not be expended without the approval of this Body. PASSED. AYES- AMOS, ARTHUR, BAKOS, BELL, COLLINS, COPPOLA, FAHEY, HIGGINS, LOTEMPIO, PERLA, PITTS, ZUCHLEWSKI- 12. NOES- FRANCZYK- 1. No. 229 By: Mr. Pitts Permission to Negotiate Private Sale of 164 Best Street Whereas: The vacant lot at 164 Best Street has been used as a thoroughfare for pedestrians. All manner of mischief has occurred on the property, and Whereas: Mr. Ray Williams of 166 Best Street has maintained this lot consistently. He wishes to provide a larger yard and greater security for his property. Now Therefore Be It Resolved That: The Common Council requests the Comptroller to negotiate a private sale of 164 Best Street to Mr. Ray Williams of 166 Best Street. ADOPTED. No. 230 By: Mr. Zuchlewski Rescind portion of fee increase for boat launch permits Whereas: The City of Buffalo, as a part of the 1993-94 budget process, enacted a new fee structure for Boat Trailer Launching Permits; and Whereas: As approved, the fees were raised from $10.50 to $25.00 for city residents and from $21.00 to $50.00 for non-residents for seasonal permits; and Whereas: Raising the fee for city residents is not the intent of this Council; Now, therefore, be it resolved: That this Common Council request that the Corporation Counsel prepare and submit an Ordinance Amendment to Chapter 175 which would eliminate the increase in the fee for Boat Trailer Launching Permits for city residents, thereby rolling the fee back to $10.50; and Be it further resolved: That this Ordinance Amendment be filed with the City Clerk in time for the next stated regular meeting of the Common Council. ADOPTED. No. 231 By: Mr. Zuchlewski Establish a Single license and a set fee for the licensing of landlords. Whereas, Over the past Several months there have been various proposals to deal with the licensing of landlords; and Whereas, Two of the controversies that have arisen in creating this legislation is the licensing of every unit as well as applying a fee for the licensing of each of these units; and Whereas, Both legislators and Community leaders feel that this is unfair to those landlords who are considered responsible investors; and Whereas, Requiring a license and a fee for every single unit would Place an extreme burden upon a -landlord who owned a very large multiple dwelling unit, such as an apartment complex, since the Cost to license his dwelling unit would be overwhelming; and Whereas, This type of legislation would discourage responsible investors and drive them out of the City which would then deplete the tax base; and Whereas, The administrative costs of collecting fees and issuing licenses for every single unit in the City of Buffalo would be an unnecessary burden to an already overworked staff; and Whereas, A simplified structure of licensing landlords and charging fees is obviously needed; and Now, Therefore, Be It Resolved: That the Common Council request the Corporation Counsel to include in the draft of the Landlord Licensing Law, a section that establishes the issuance of one license, that would list all of the units owned by a single owner. Now, Therefore Be It Resolved That: The Landlord Licensing Law also include in this Section, a Set fee that will be determined by the number of properties an individual owns. REFERRED TO THE COMMITTEE ON LEGISLATION AND THE CORPORATION COUNSEL. No. 232 By: Mr. Zuchlewski CDBG Section 108 Loan Resolved: that the proposal set forth by the Commissioner of Community Development to utilize $1.8 million Community Development Block Grant Section 108 Loan Guaranteed Program funds as set forth in his communication of July 15, 1993 and considered during the regular meeting of the Common Council on July 20, 1993 is hereby approved with the following conditions: Conditions to be met for the proposed section 108 Loan to Harbour Place Marine Sales, 2192 Niagara St.: 1. It was agreed by all parties that the approval of the building permit is a separate and distinct process from the approval of the low-interest loan being sought by Harbour Place Marina. Each process is subject to Common Council approval, and the Commissioner of Community Development. 2. Harbour Place Marine Sales Inc. will deed over to the City of Buffalo for use as a public park, to be connected to the adjoining and existing Cornelius Creek Parks, the gazebo and area along the Niagara River at the northern boundary of the Harbour Place Marina where it adjoins Cornelius Creek Park. The area to be granted to the City can be roughly defined as the existing green space area including the gazebo located adjacent to Cornelius Creek Parks and up to the existing parking area. 3. Harbour Place Marine Sales Inc. will grant an easement to the City of Buffalo along the entire southern boundary of its property, adjacent to the Watergate Complex for public access and future extension of the Riverwalk. The easement shall run from the Niagara River to the existing Riverwalk and shall be 15 feet wide. In areas where it may not be possible to grant a full 15 foot easement due to existing structures, the easement granted by the Harbour Place Marine Sales Inc. shall in no case be less than 10 feet in width; 4. Harbour Place Marine Sales Inc. will landscape and soften up with greenery the boundaries of its property especially, but not limited to, the easement granted, the eastern boundary of the property where the current Riverwalk exists and where buildings will be removed and the northern portion adjacent to Cornelius Creek Park, which will be deeded over to the City of Buffalo, and public parking will be allowed on their property; 5. Harbour Place Marine Sales Inc. will assist the city to adequately light the property so that the easement granted, eastern boundary of the property and northern portion to be deeded to the City adjacent to Cornelius Creek Park will be properly lighted; 6. Harbour Place Marine Sales Inc. agrees that all efforts will be taken to minimize any noise or loud music that might result from the current operation and Restaurant expansion. 7. Harbour Place Marine Sales Inc. will grant an easement to the City of Buffalo along the entire western boundary of its property along the waterfront to be not less than 15 feet wide not to restrict the size of current boat slips. 8. Approval of the operator and any future loan to Harbour Place Marine Sales Inc. for the operation and renovation or replacement of the restaurant shall be subject to the approval of the Buffalo Common Council. 9. The above referenced communication from the Commissioner of Community Development should require an investment by Harbour place marine sales inc. Sales Inc. of not less than $100,000 no later than December 31, 1994. 10. That the proposal set forth in the referenced communication from the Commissioner of Community Development make loans of $1,800,000 and $800,000, respectively, of Section 108 Guaranteed loan funds, to Harbour Place Marine Sales, Inc., are hereby approved subject to the conditions set forth in such communication, and subject to the additional condition that with respect to the loan for $800,000 for a restaurant facility such loan shall receive the additional future approval of the Common Council as a whole. PASSED. AYES - 13 NOES - 0. No. 233 By: Mr. Zuchlewski Re: Ordinance Amendment Chapter 309 of Chapter 175 - Fees The Common Council of the City of Buffalo does hereby ordain as follows: That Section 309-28 of Chapter 309, of Chapter 175 - Fees of the Code of the City of Buffalo be amended to read as follows: Fee Chapter 309, Parks and other Open Spaces 309-28, use of facilities City Resident Noncity Resident BOAT TRAILER LAUNCHING PERMITS Seasonal [$25.00] $10.50 $50.00 It is hereby certified, pursuant to Section 34 of the Charter, that immediate passage of the foregoing Ordinance is necessary. Approved as to form NOTE: Matter in brackets to be deleted; matter underlined is new. PASSED. AYES- 13 NOES- 0. No. 234 By Mr. Zuchlewski Felicitations/In Memoriam Attached hereto are Felicitation and In Memoriam Resolutions sponsored by Members of the Common Council as indicated: Felicitation for Marci Birzon By Councilmember LoTempio Felicitation for William Fargo By Councilmember Perla Adopted. No. 235 By: Mr. Zuchlewski Appointments Commissioners of Deeds That the following persons are hereby appointed as Commissioner of Deeds for the term ending December 31, .1994, conditional upon the persons so appointed certifying under oath to their qualifications and filing same with the City Clerk: Gina Ceglia TOTAL: 1. No. 236 By: Mr. Zuchlewski Appointments Commissioners of Deeds Required for the Proper Performance of Public Duties That the following persons are hereby appointed as Commissioner of Deeds for the term ending December 31, 1994, conditional upon the persons so appointed certifying under oath to their qualifications and filing same with the City Clerk: Judith Campbell Thomas Santa Lucia Charles E. Eaton Peter W. McCormick Total: 3 ADOPTED. UNFINISHED BUSINESS No. 237 Bond Resolution - $1,500,000 - Acq. 189 Tona/Auto Pound (No. 170, C.C.P., July 6, 1993) Mr. Fahey moved that Item No. 170, C.C.P., July 6, 1993, be taken from the table. Seconded by Mr. Coppola. CARRIED. Mr. Fahey moved that the above item be approved. Seconded by Mr. Coppola. PASSED. AYES- 13 NOES- 0. No. 238 Adjournment On a motion by Mr. Fahey, Seconded by Mr. Coppola, the Council adjourned at 6:47 P.M. CHARLES L. MICHAUX, III CITY CLERK MEETING REPORTED BY LEONARD G. SCIOLINO, COUNCIL AND COMMITTEE REPORTER.